20R3509 RFP.pdf

SEE ADDENDUM

(No Collect Calls)

N3220520R3509 10-Apr-2020

b. TELEPHONE NUMBER

757-443-3864

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 07 May 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

COURTNEY T. WOODLEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET BLDG T-26

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

MSC SPECIALTIME 2019

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Firm Period_Charter Hire

FFP

FOB: Destination V124

NET AMT

Firm Period_Reimbursables

FFP

Delivery Fee

FFP

Redelivery Fee

FFP

Option 1_Charter Hire

Option 1_Reimbursables

Option 2_Charter Hire

Option 2-Reimbursables

Option 3_Charter Hire

Option 3_Reimbursables

Option 4_Charter Hire

Option 4_Reimbursables

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

MSC SPECIALTIME PROFORMA 2019

MILITARY SEALIFT COMMAND

SPECIAL TIME CHARTER

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “Contract” or the “Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and completed Parts I through IX.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through IX 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 that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through IX shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof 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.

ii

LIST OF EFFECTIVE CHANGES

Revision Num. Description Date iii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTER

TABLE OF CONTENTS

I. SPECIAL TIME BOXES I-1 – I-25

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) II-1 – II-9

(a) Inspection (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Risk of Loss (tailored)

(k) Taxes (tailored)

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

(o) Warranty (tailored)

(p) Limitation of Liability

(q) Other Compliances

(r) Compliance with Laws Unique to Government Contracts

(s) Order of Precedence (tailored)

(t) System for Award Management (SAM)

(u) Unauthorized Obligations

(v) Incorporation by Reference

III. SPECIAL TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) III-1 – III-4

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Reserved

(g) Loading and Discharging

(h) Oil Pollution Spill iv

(i) Safety in Loading and Discharging

(j) Reserved

(k) Cleaning

(l) Spain-Gibraltar Prohibition

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV-1 – IV-26

(a) General Definitions

(b) Delivery

(c) Redelivery

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance (h-1) War (h-2) Government War Risk Insurance/Indemnity

(i) Readiness

(j) Off-Hire

(k) Supercargo and Government Designated Representatives

(l) Time Lost

(m) Negligence of Pilots

(n) Port Charges and Expenses

(o) Owner’s Obligation

(p) Fuel

(q) Reduced Operational Status (Layup)

(r) Waiver of Claims

(s) Charter Not a Demise

(t) Subcharter

(u) General Average

(v) Salvage

(w) Limitations

(x) Alterations

(y) Reimbursable Supplies and Services (Charters)

(z) Standards of Appearance

(aa) Savings

(ab) Law Governing

(ac) Substitution

(ad) MSC Shipboard Antiterrorism/Force Protection Measures

(ae) Payment

(af) Special Requirements

(ag) Statutory Employee

(ah) Reserved

(ai) Security Threat

(aj) Immunizations (U.S. -Flag Only)

(ak) Changes Applicable to Foreign Flag Awards Only

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Antiterrorism and Physical Security

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Enterprise Wide Contractor Manpower Reporting Application

(ar) Contractor’s Notice Regarding Litigation

(as) Safety Management System v

V. SPECIAL TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-8

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)

(a) Security Clearance

(b) Reserved

(c) Navigational Equipment

(d) Fuel Monitoring

(e) Time Charter War Risk Coverage

(f) Automated External Defibrillator (AED)

(g) Reserved

(h) Crew Appearance

(i) Reserved

(j) Reserved

(k) Tugs and Barges

(l) Contractor Security (CS)

(m) Option to Purchase Time Chartered Vessel

(n) Cancellation Fee

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM VI-1 – VI-4

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS VII-1 – VII-2

VIII. ADDITIONAL FAR AND DFARS CLAUSES VIII-1 – VIII-6

IX. ATTACHMENTS IX-1 – IX-65

(a) Attachment IX(A) - US Department of Labor Wage Determination

(b) Attachment IX(B) - Guidelines for Full/Partial Off-Hire Percentages on Readiness Issues

(c) Attachment IX(C) - Government Furnished Property (GFP) and Directives

(d) Attachment IX(D) - Basic Pricing Data

(e) Attachment IX(E) - DD Form 254, Contract Security Classification Specification

(f) Attachment IX(F) - Crew Complement

(g) Attachment IX(G) - Vessel Requirements & Performance Work Statement (PWS)

(h) Attachment IX(H) - Request for Clarifications

(i) Attachment IX(I) - Anti-Terrorism/Force Protection (AT/FP) Requirements

(j) Attachment IX(J) - Specifications for Chemical, Biological and Radiological Defense (CBR-D) Decontamination Station

(k) Attachment IX(K) - Interface Control Drawing 1

(l) Attachment IX(L) - Disclosure of Lobbying Activities (SFLLL)

(m) Attachment IX(M) - COMSCINST 3121.9 Series, MSC Standard Operating Manual (SOM)

(n) Attachment IX(N) - Contract Data Requirement List (CDRL)

(o) Attachment IX(O) - NAVSEA Drawing

(p) Attachment IX(P) - Missions Essential Contractor Services Plan (MECSP) Worksheet

(q) Attachment IX(Q) - Technical Evaluation Worksheet

(r) Attachment IX(R) - Classified Vessel Requirement (Not distributed with Solicitation-post award)

(s) Attachment IX(S) - Fuel Consumption Template

(t) Attachment IX(T) - Shipyard Data Information Template

(u) Attachment IX (U) – MSC Monthly Meal Invoice Charge Sheet

(v) Attachment IX (V) – Interface Control Drawing 2 vi

(w) Attachment IX (W) – Decon Station DWG

X. INSTRUCTIONS TO OFFERORS – LONG-TERM CHARTER X-1 – X-8

XI. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a)) – LONG-TERM CHARTER XI-1 – XI-5

XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY FAR XII-1 – XII-16

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS XIII-1 – XIII-

MSC SPECIALTIME 2019 I-1

Vessel(s):

Owner, UEI, CAGE, TIN (and TIN of parent, if applicable):

MSC SPECIALTIME

PART I - SPECIALTIME BOXES

Solicitation Number (date): N32205-20-R-3509 Contract Number (date): TBD

1. Vessel(s) Required:

See Attachment G for Performance Work Statement.

2. Place / Range of Delivery:

San Diego, CA

3. Place / Range of Redelivery:

San Diego, CA

4. Charter Period):

One-year base period with three, one-year options and one, 11-month option. Total length of this charter shall not exceed 59 months.

5. Laydays:

29 November to 01 December 2020

6. Terms/Conditions/Attachments added, deleted or modified:

See Block 75 for continuation.

MSC SPECIALTIME 2019 I-2

Solicitation Number (date): Contract Number (date):

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

11. Broker (address, phone, e-mail, fax):

12. Remittance address for hire (if other than box 10):

MSC SPECIALTIME 2019 I-3

PRICING DATA

BOX NOS., SHIP STATUS, AND EXPENDITURE TYPES

13. FOS

14. ROS Less Than 10 Days

15. ROS 10 Days and Longer

Base Period: $ ___________ $ ___________ $ ___________ 1st Option Period $ ___________ $ ___________ $ ___________ 2nd Option Period $ ___________ $ ___________ $ ___________ 3rd Option Period $ ___________ $ ___________ $ ___________ 4th Option Period $ ___________ $ ___________ $ ___________

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

17. Other Price Elements:

MSC SPECIALTIME 2019 I-4

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

20.

Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): SELECT ONE

Offeror IS a VISA Participant Vessel(s) offered IS (ARE)) Enrolled in VISA Offeror HAS APPLIED to be a VISA Participant Vessel(s) offered WILL BE Enrolled in VISA Offeror IS NOT a VISA Participant Vessel(s) IS (ARE) Not Enrolled in VISA

21. Vessel type and, if applicable, MARAD design type:

22. Place built

23. Year built: Flag:

24. INMARSAT Ident. :

25. Vessel's e-mail/Fax :

26. Call Letters:

27. Official number:

28. Net registered tonnage:

29. Panama Canal tonnage :

30. Gross registered tonnage:

31. Suez Canal tonnage :

32. Beam (extreme)

a. (ft.) b. (m)

33. Length Overall:

a. (ft.) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft.) b. (m)

36. Summer mean draft:

a. (ft.) b. (m)

37. Deadweight capacity (on draft in Box 36):

a. (LT) b. (t)

38. Displacement, loaded (on draft in Box 36):

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft.) b. (m)

40. Shaft Horsepower/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MARAD subsidized vessel: Yes _____ Will not be subsidized after post award sale.

No ______

MSC SPECIALTIME 2019 I-5

CARGO CAPACITY (as applicable)

50. Total grain cubic capacity (cu ft. / cubic meters’ underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

51. Total Bale cubic capacity (cu ft. / cubic meters’ underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Number of tween decks:

53. Cargo Space Square footage of cargo space (note particularly total ft2, ft2 with 10 ft. clearance, ft2 underdeck, Ro/Ro Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU):

55. Total on-deck container capacity (TEU/FEU):

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

57. Reefer-space capacity (cu ft. / cu meters):

58. Deep-tank capacity (cu ft./cu meters/bbls):

59. Capacity of spaces fitted with cell guides (TEU):

60. Amount and location of permanent ballast carried:

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

MSC SPECIALTIME 2019 I-6

VESSEL CAPACITY (continued)

62. General description of vessel spaces and special features:

Decks: number, size in ft2 and cu ft.; size in m2 and cu m; strength in psf/kPa; arrangement

Holds and Hatches: number and size Hatch Covers: number, size, composition, and type Underdeck Height Restriction Description of lashing points; lashing and securing gear; type;

description; and amount aboard

Barge-Stowage Particulars Float-on / Float-off Particulars

MSC SPECIALTIME 2019 I-7

GEAR

63. Number/location/SWL capacity of winches, derricks, booms, and cranes:

CASUALTIES / DEFICIENCIES / WARRANTS

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if "yes")

65. Are any deficiencies lodged by any regulatory body outstanding against the Vessel? (include full description if "yes")

65A. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

FUEL CONSUMPTION AT SERVICE SPEEDS

MSC SPECIALTIME 2019 I-8

66. Average warranted speed (knots, for laden, moderate weather): 67. Average warranted speed (knots, for ballast, moderate weather):

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box 67):

70. Auxiliaries underway fuel consumption (net bbls at 60 deg F and grade(s), only if not elsewhere identified):

71. Idle fuel period fuel consumption (net bbls at 60 deg F and grade(s)):

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated):

72: Grades Consumed:

73 A. LADEN 73 B. BALLAST

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Knots Net bbls per mile Net bbls per day Operatin g Range

(NM)

08 08 09 09 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22

MSC SPECIALTIME 2019 I-9

FUEL GRADE

74. Minimum vessel fuel specifications

MSC SPECIALTIME 2019 I-10

CONTINUATION

75. Space for continuation of responses (refer to prior box numbers):

DETELE PART II (s) ORDER OF PRECEDENCE AND REPLACE WITH:

(s) ORDER OF PRECEDENCE (TAILORED) Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Information set forth in the Boxes (Part 1) and the PWS (Attachment G)

(2) Paragraphs (b), (d), (g), (i), (q) and (r) of FAR 52.212-4 (as tailored);

(3) The clause at FAR 52.212-5;

(4) Any remaining addenda or portions thereof within this solicitation or Contract;

(5) The Standard Form 1449;

(6) Solicitation provisions if this is a solicitation;

(7) Other documents, exhibits, and attachments.

ADD PART IV (k): SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES (AUG 2005) Charterer will support supercargo transport to the vessel for duty purposes, including technical representatives for repairs, inspection personnel and various official ship visitors.

DELETE PART IV “(g) INSURANCE”, “(h) WAR” and replace with the following:

g‐1 Vessel Owner’s Insurance.

g‐1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the Vessel, including:

a. Hull and Machinery,

b. Protection and Indemnity (P&I) (including pollution liability),

c. War Risk Hull and Machinery,

d. War Risk Protection and Indemnity (P&I), and

e. Second Seaman’s War Risk. (the principal sum of which shall be $200,000.00 per Master, Officer, or crew member (this is also the loss-of-life benefit)).

Except as otherwise expressly provided in Section G‐1.3 below or as expressly provided in the section entitled “War” (H‐1), 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. 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.

1.1.1 At least 10 calendar days prior to delivery of Vessel, 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.

g‐1.2 Contractor agrees to indemnify and hold harmless the Charterer for all liability, costs, or expenses arising from or related to this contract and involving covered risks and losses under the terms of the insurance required in G-1.1 above. Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section G-1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United States of America regardless of amount.”

g‐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 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

MSC SPECIALTIME 2019 I-11

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.

g-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.

g-2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War Risk Policy.

g-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.

2.1.1 At least 10 calendar days prior to delivery of vessel, 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.

g-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.

g-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 G-2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

g‐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 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.

g‐3 P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

g‐3.1 Contractor shall obtain P&I Insurance for Charterer’s Risks or a Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) covering all risks typically covered by P&I Insurance for Charterer’s Risks or 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. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

3.1.1 At least 10 calendar days prior to delivery of Vessel, 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.

3.1.2 The Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage shall provide coverage of $500,000,000.00.

g‐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.”

g-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 G-2; or fails to obtain for the United States the P&I Insurance for Charterer’s Risks or Time Charterer P&I policy/entry with War Risks coverage required by Section G-3; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses involving covered risks and losses under the required insurance policies/coverage.

MSC SPECIALTIME 2019 I-12

g-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 G-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 or coverage remained in full force and effect.

h-3.4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section G‐2.2, fails to amend supplemental limiting provisions as described in Section G‐2.2.1, or fails to amend provisions limiting payment or coverage as described in Section G-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‐1 War.

h‐1.1 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, 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 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‐1.2 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‐1.3 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 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‐2 Government War Risk Insurance/Indemnity.

h‐2.1 General. Upon receipt of notice and instructions from the Contracting Officer, as specified in the last sentence of Section H-1.2 of the section entitled “War (H‐1)” above, concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance, 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 any area(s) excluded by the War Risk Trading Warranties, 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 Government 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 Government War Risk insurance becomes effective, and shall likewise ensure that

MSC SPECIALTIME 2019 I-13

its commercial War Risk insurance is resumed at the time when any Government indemnity or Government 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‐2.2 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 vessel’s hull value, as determined by MARAD and subject to the limitations of 46 USC §53901 et seq.;

(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) $50,000,000.00, 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 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);

(4) 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(s) (that would have been in effect under this Charter Party during the period of time that the vessel was off-hire because of a covered War Risk), 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‐2.3 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.

ADD to PART IV (ar) the following section:

Contractor’s Notice Regarding Litigation.

The Contractor shall provide the Contracting Officer with immediate notice of any legal action, or claim against the Government, the Vessel, the Contractor, or the Contractor's underwriters that arises from or is related to this contract. The Contractor shall also provide the Contracting Officer with immediate notice of any legal action brought by the Contractor that arises from or is related to this contract.

Part V(a) SECURITY CLEARANCE is hereby incorporated for this requirements and AMEND to add the following:

Contractor Facility Clearance. The Contractor shall possess a SECRET facilities clearance at time of proposal submission (See Part X and Part XI for proposal instructions and award criteria), which shall be incorporated at contract award in the required DD 254 (See Attachment E). Offerors failing to possess a SECRET facilities clearance at time of proposal submission will not be considered further.

Full text of clauses may be accessed electronically through this/these address(es):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html PART V(m) OPTION TO PURCHASE is hereby incorporated for this requirement.

ADD PART VIII(b): FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) (JUL 2014) – CHECKED AMEND PART VIII(b)(2): FAR 52.232-18 Availability of Funds (Apr 1984) – CHECKED AMEND PART VIII(b)(2): DFARS 252.204-7000 Disclosure Of Information (Oct 2016) – CHECKED AMEND PART VIII (b)(12): TO READ: DFARS 252.215-7008 Only One Offer (OCT 2013) – CHECKED AMEND PART VIII(c)(3): FAR 52.217-9 Option to Extend the Term of the Contract (Sep 2005) – CHECKED ADD PART VIII(b): FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) – CHECKED ADD PART VIII(b): FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) –

CHECKED

ADD PART VIII (b): FAR 52.204-25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment (AUG 2019) – CHECKED ADD PART VIII(b): FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) –

CHECKED

ADD PART VIII(b): DFARS 52.204-7012 – SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016) – CHECKED

DELETE PARTS IX in its entirety and REPLACE with:

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

MSC SPECIALTIME 2019 I-14

PART IX. ATTACHMENTS – SPECIALTIME CHARTER

(a) Attachment IX(A) - US Department of Labor Wage Determination

(b) Attachment IX(B) - Guidelines for Full/Partial Off-Hire Percentages on Readiness Issues

(d) Attachment IX(D) - Basic Pricing Data

(e) Attachment IX(E) - DD Form 254, Contract Security Classification Specification

(f) Attachment IX(F) - Crew Complement

(g) Attachment IX(G) - Vessel Requirements & Performance Work Statement (PWS)

(h) Attachment IX(H) - Request for Clarifications

(i) Attachment IX(I) - Anti-Terrorism/Force Protection (AT/FP) Requirements

(j) Attachment IX(J) - Specifications for Chemical, Biological and Radiological Defense (CBR-D) Decontamination Station

(k) Attachment IX(K) - Interface Control Drawing 1

(l) Attachment IX(L) - Disclosure of Lobbying Activities (SFLLL)

(m) Attachment IX(M) - COMSCINST 3121.9 Series, MSC Standard Operating Manual (SOM)

(n) Attachment IX(N) - Contract Data Requirement List (CDRL)

(o) Attachment IX(O) - NAVSEA Drawing

(p) Attachment IX(P) - Missions Essential Contractor Services Plan (MECSP) Worksheet

(q) Attachment IX(Q) - Technical Evaluation Worksheet

(r) Attachment IX(R) - Classified Vessel Requirement (Not distributed with Solicitation-post award)

(s) Attachment IX(S) - Fuel Consumption Template

(t) Attachment IX(T) - Shipyard Data Information Template

(u) Attachment IX (U) – MSC Monthly Meal Invoice Charge Sheet

(v) Attachment IX (V) – Interface Control Drawing 2

(w) Attachment IX (W) – Decon Station DWG

DELETE PART X. INSTRUCTIONS TO OFFERORS in its entirety and REPLACE with:

PART X. FAR 52.212-1 ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

In accordance with FAR 12.302 (Tailoring of provisions and clauses for the acquisition of commercial items) the following shall take precedence over the un-tailored paragraphs.

North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

This procurement is a FAR Part 12 acquisition being conducted under FAR 15.101-2 and FAR 15.306 procedures.

Submission of offers. (Tailored) Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers must be submitted on the SF 1449. As a minimum, offers must show --

The solicitation number;

(2) Reserved (Tailored);

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

“Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.209-7 (XII(c)(1)); FAR 52.209-11 (XII(c)(2) and FAR 52.212-3 (XII(c)(3)) (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). (Tailored)

(9) Acknowledgment of Solicitation Amendments;

Proposal and proposal modifications (e.g., proposal extension) shall be submitted via the DOD SAFE website, at https://safe.apps.mil/, in response to this solicitation no later than 1:00pm on 08 May 2020, and an email confirming the submission was made to the DOD SAFE website must be sent directly to Courtney Woodley at courtney.woodley@navy.mil and Lorrie Leedy at lorrie.leedy@navy.mil . The government must receive confirmation of submittal prior to the solicitation https://safe.apps.mil/ mailto:courtney.woodley@navy.mil mailto:lorrie.leedy@navy.mil

MSC SPECIALTIME 2019 I-15

closing from both the automated DOD SAFE e-mail and the offeror’s e-mail notifying the Government that the proposal was submitted through DOD SAFE in order to be considered timely. It is the offeror’s responsibility to ensure all attachments are uploaded correctly in a searchable format and clearly marked. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

Potential Offerors requesting additional information or clarifications relating to this solicitation shall submit their request in writing by email to Courtney Woodley at courtney.woodley@navy.mil and Lorrie Leedy at lorrie.leedy@navy.mil. Questions regarding the solicitation must be submitted no later than 1:00pm, 23 April 2020; otherwise, questions may not be answered prior to the solicitation closing. Offerors shall provide questions to this solicitation using the “Request for Clarification/Question” form provided as Attachment H to this solicitation. Each question shall be a separate form. Questions shall be submitted to the Contracting Officer and Contract Specialist identified in this solicitation. Questions submitted not using this form, or that combine more than one question per form, may not receive a response. No responses will be provided via telephone.

Proposals/modifications must be submitted in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version. MS Excel spreadsheets are to be submitted in MS Excel format. Proposals/modifications must contain either a verifiable electronic signature (e.g. PKI enabled certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's agent. Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. An E-mail 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. 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. For electronic proposal/modifications, the only acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time and date set for receipt of offers is the receipt of the E-mail, readable, in its entirety in the designated E-mail inbox by the due date and time for proposal submission. Any other timestamp or meta-data of the Offeror's sent e-mail shall not be construed as sufficient documentation of the Government's receipt of an e-mail. It is the Offeror's responsibility to ensure the email stating the proposal was submitted via DoD SAFE has been received in the designated E-mail inbox by the due date and time.

Failure of an offer to address any items in the Performance Work Statement may make the offer unacceptable and/or may result in it not being considered for award.

Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

A proposal shall not require extensive searching throughout the document(s) to locate and evaluate a particular item. Each offer shall be written, to the greatest extent possible, on a stand-alone basis. The Government will not search through and fill-in missing information between offers, and it is the offeror's responsibility to provide all documentation in each volume as required.

EACH OFFER SHALL BE CLEARLY LABELED, AND COMPLETE WITH THE FOLLOWING PARTS: (1) CRITICAL SUBMISSION DATA; (2) BUSINESS PROPOSAL; (3) TECHNICAL PROPOSAL; (4) PRICE PROPOSAL.

CRITICAL SUBMISSION DATA. Offerors shall provide all of the following information in order for its offer to be considered. Further, failure to provide the following will result in the offer being invalid :

Documentation (e.g., Industrial Security Facilities Database (ISFD), Defense Security Service (DSS letter, etc.) that Offeror has an active facilities clearance of at least a SECRET level;

Evidence that the Offeror has the right to offer the proposed vessel.

Evidence that Offeror has the right to sell the proposed vessel in the event the option to purchase is exercised4. 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 of the vessel at the time of submission of its offer, Offeror shall provide, as part of its proposal, documentation that the Offeror will have the right to purchase the vessel after award of this contract, so that it may sell the vessel, if MSC exercises its option to purchase the vessel. In addition, if the Offeror is not the owner of the vessel at the time of submission of its offer, Offeror shall mailto:courtney.woodley@navy.mil mailto:lorrie.leedy@navy.mil

MSC SPECIALTIME 2019 I-16

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, and;

-Name and position of signatories to such contract BUSINESS PROPOSAL. Offerors shall provide the following:

A proposal cover letter that includes:

The solicitation number, the name, address, and telephone number of the Offeror (and electronic address if available);

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the…