20R4104 RFP.pdf

SEE ADDENDUM

(No Collect Calls)

N3220520R4104 01-Jul-2020

b. TELEPHONE NUMBER

757-443-2805

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 30 Jul 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

CONROY RANDOLPH

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

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. SP-64

NAVAL STATION NORFOLK

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: 757-341-6346

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

488330

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)

PAGE 2 OF52

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.

Section SF 1449 - CONTINUATION SHEET

REQUEST FOR PROPOSALS

1. PORT SPECIFIC REQUIREMENTS

a) This is a Requirements type contract for call out tug services in San Diego, CA and surrounding waters. The requirement is for one U.S flag tug to provide harbor support services, exercises and training, and ship handling in and around the San Diego area.

b) This contract is for all requirements that cannot be satisfied with Government-owned, government-controlled or time chartered vessels. The actual work may vary considerably from the schedule of estimates contained herein.

2. AREA OF OPERATIONS

Within the geographical regions listed below, Tug(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, or alongside any vessel, barge, lighter, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always safely afloat except in harbors or waters where groundings are custom of the port.

3. GEOGRAPHIC REGIONS

San Diego, CA & surrounding waters – Laydays will commence and cancel on 01

October 2020

4. PERIODS OF PERFORMANCE

5. REQUESTS FOR SERVICES

Requests for services within the scope of this contract may only be issued by the Contracting

Officer or Contracting Officer’s Representative (COR).

6. NOTIFICATION TIMES

Period Length

(days)

Date of

Commencement

Date of

Completion

Firm Period

365 01-Oct-2020 30-Sept-2021

Option Period One

365 01-Oct-2021 30-Sept-2022

Option Period Two

365 01-Oct-2022 30-Sept-2023

Option Period Three

366 01-Oct-2023 30-Sept-2024

Option Period Four

365 01-Oct-2024 30-Sept-2025

When tug service is requested, service shall be provided within the time specified in the

“Required Response” box in the table below.

Time Required Response

Straight Time: a 12-hour period between 0600 – 1800 hours (Mon.- Fri. except weekends and Federal Holidays)

72 hours

NOTE: Contractors shall respond to emergencies with utmost dispatch.

7. ORDERING

Specific details as to the date of the order, the start and end date of service, the start and end time of service, the contract number, the task order number, the purchase request number, the vessel name, the number of tugs used, the services required, and the delivery destination will be provided through technical direction by the COR/ACOR. The quantities for individual line items set forth in the contract shall not exceed the funding on the CLIN(s).

Additionally, the hours requested in each order shall not exceed the hours available on the

CLIN(s).

8. SCHEDULE MINIMUM TOTAL ORDER QUANTITY

This contract does not incorporate a minimum guaranteed amount. The government does not guarantee that it will order a minimum amount of work.

9. RATE STRUCTURE

(a) Hourly Rate: This rate is used for the provision of any type of work that the Tug can perform and that is contemplated by this contract. The hourly rate shall be earned for services provided; such service to be calculated from the date and time the Tug reports in all aspects ready to perform at the location, time, and date, (but no earlier than the date and time specified in the order, unless agreed upon by the Government). The hourly rate shall include the costs, if any transit to and from the location and any costs incurred in responding to the Government’s order including fuel and port charges.

(b) CANCELLED ORDERS: Orders cancelled within 48 hours after release of the delivery order will incur no charge. Orders cancelled 48 hours or more after release of the delivery order will incur a charge of one hour of the applicable hourly rate.

10. SCHEDULE OF ESTIMATES

The following estimates are not a guarantee of work. This information is provided for estimation purposes only. Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment. Normally two tugs are required for each call out but may not always be the case.

Estimated Number of Call-out Per Period

Number of Call Outs Hours of Call Outs

24 4

11. POINTS OF CONTACT

CONTRACTING QUESTIONS:

Contracting Officer, Lorrie Leedy, COMSC N103A, 757-443-2805

Contract Specialist, Conroy Randolph Jr., COMSC N103A, 757-443-3868

OPERATIONAL QUESTIONS:

Project Officer, Timothy Vickers, COMSC PM4, 757-341-6824

Program Analyst, Iben Gantt, COMSC PM4, 757-443-2711

Contracting Officer’s Representative, LT Kyle Marshall, N3A 619-556-0914

12. TUG CHARACTERISTICS:

Tug under this contract shall have the following minimum characteristics:

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

FLAG USA MINIMUM LENGTH: 80 FT

PROPULSION TYPE SINGLE SCREW

OR BETTER

SURFACE FENDERING SUFFICIENT TO

SUPPORT

ALONGSIDE

BOARDING AT SEA

TRANSIT SPEED 10 KNOTS CAPSTANS/WINCHES GYPSY HEAD OR

CAPSTAN TO

HEAVE AROUND

MESSENGER IN

TIMELY MANNER

SURFACE

CONFIGURATION

OPEN BOW

SPACE WITH

BULLNOSE

AND BITS TO

SUPPORT

BEING TOWED

OTHER EQUIPMENT EQUIPMENT

SUFFICIENT TO

QUICKLY

ATTACH/DETACH

TOWING HAWSER

TO BOW OF THE

VESSEL

TONNAGE 50 TONS AND

RESERVE

BUOYANCY TO

SUPPORT

BEING TOWED

BY NAVAL

WARSHIP WITH

A MAXIMUM

12-INCH

TOWING

HAWSER.

COMMUNICATION

EQUIPMENT

MINIMUM

REQUIRED BY THE

U.S.C.G. AND FCC

FOR INLAND AND

INTERNATIONAL

WATERS.

ADDITIIONALLY

CAPABLE OF

COMMUNICATION

S ON HF WITH A

MINIMUM RANGE

OF 100 MILES

INCLUDING 5072.5

MHz

13. GENERAL REQUIREMENTS

The following list is provided for illustrative purposes only and describes some of the services that may be performed as requested on the basis of a 24 hour per day, 365 day per year readiness, including but not limited to:

a) Services for naval units engaged in towing exercises in support of unit level training;

the contracted vessel will be towed by the Naval Unit.

b) Simulated harassment vessel exercises; Contracted tug conducts harassing communication toward naval unit using provided scenario.

c) Suspect vessel for interdiction in support of Visit, Board, Search and Seizure (VBSS) training.

d) The above exercises and training events may include transfer of Government personnel during outbound and return transit to/from harbor.

e) Vessel(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, or alongside any vessel, barge, lighter, craft, hull, derrick or object of whatsoever nature that the Government may direct, provided the vessel can lie always safely afloat except in harbors or waters where groundings are custom of the port.

f) Contractor shall provide adequate staff and communications to respond promptly to

Government’s requests for services under this contract on a 24-hour per day basis.

14. SUBSTITUTION OF TUG

a) Substitution of tugs is authorized, but only for good cause and upon proper notice to the Government and wish approval of the Contracting Officer. Notice of intent to substitute by the Contractor shall identify the tug being substituted and the tug for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the

Contracting Officer to make a reasoned determination regarding good cause and substitute tug suitability. If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution.

b) Any tug offered, as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the tug for which substituted and shall be fully ready to perform in accordance with this Contract upon arrival at the Tow or other work site designated by Charterer. Any tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above.

It shall not otherwise excuse any other performance required under this Contract.

c) Contracting Officer’s notice of acceptance or rejection of the substitute tug shall be made within reasonable time following Owner’s nomination thereof, provided that the Contracting Officer is furnished sufficient information on which to base such a determination. Silence of the Contracting Officer shall not be construed as acceptance of any nominated tug.

d) Notwithstanding Charterer's prior acceptance of any substitute tug under this paragraph, Charterer may at any time reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute tug were misrepresented by the Contractor or are otherwise unsuited to the requirements of this contract.

15. TUG COMPLEMENT AND CREW

a) The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government as regards the employment of the Tug(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug(s).

b) Physical security equipment required to meet port security plans shall be

Contractor-furnished.

c) All contractor employees shall wear a contractor-furnished uniform with

Contractor and individual identification clearly and permanently marked.

Individual employee names shall be visible on front of outer clothing. Contractor name shall be visible on the upper back of uniforms.

d) All contractor employees shall have in their possession photo identification at all times when working under this Contract.

e) If the Charterer shall have any reason to be dissatisfied with the conduct or performance of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary to alleviate the cause of the complaint, make a change in personnel.

f) Each master of tugs shall possess U.S. Coast Guard 100 Ton Master License.

16. SECURITY CLEARANCES

The Contractor shall obtain and maintain Transportation Worker Identification Credential

(TWIC) for the Tug(s) Master(s), Officers(s) and Crew(s) throughout their service under this contract.

17. PLANS AND REPORTS.

a) STRIKE CONTINGENCY PLAN.

i. The Contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. Award of the contract shall indicate the Contracting Officer’s approval of the plan.

ii. The Contractor shall update the plan, if changed, but may continue for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan.

b) VESSEL CASUALTY PLAN.

i. The Contractor shall provide and maintain a vessel casualty plan that describes how services will be continued if there is a casualty to the Tug or to a system that makes the Tug inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute tug in the event of a vessel casualty. Award of the contract shall indicate the Contracting Officer’s approval of the plan.

ii. The Contractor shall update the plan, if changed, no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan.

18. INCIDENT REPORTS

In any instance in which any vessel being handled by Owner’s Tug(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Tug Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officer within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries and listing recommendations to prevent recurrence.

19. CONTRACTOR MANPOWER REPORTING

a) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. The contractor is required to complete all required data fields using the following web address:

http://www.ecmra.mil/.

b) Reporting inputs will be for the labor executed during the ordering period during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk a: http://www.ecmra.mil/.

20. COMPLIANCE

All vessels shall be compliant with all applicable Federal and state laws and regulations and in particular, with all applicable U.S. Coast Guard regulations for tugs and their operation.

21. INSURANCE.

http://www.ecmra.mil/ http://www.ecmra.mil/

a) Vessel Owner’s Insurance.

i. General. During the full period of this contract, the Owner shall maintain a commercially reasonable amount of marine insurance coverage on the Vessel, including Broad Form Tower’s Liability Insurance (including damage to the Tow) on each vessel performing under this Contract, Hull and Machinery, Protection and Indemnity (P&I) (including Tower’s Protection and Indemnity Liability

Insurance on each vessel performing under this Contract), Pollution Liability, War

Risk Hull and Machinery, War Risk P&I, Second Seamen's War Risk and

Government Personnel Training Insurance (shall cover hands-on operation of the

Vessel equipment by Government personnel while training to operate the Vessel under the Emergency Situations and Training clause). Except as otherwise provided in this contract, the expense for such insurance coverages shall be at

Owner's expense and shall be deemed to be included in the hire payable under this contract. Except as provided herein, the Owner shall be responsible for the cost of such insurance, including deductibles, premia, and additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable.

Within 10 calendar days following award of the contract, the Owner shall notify the Contracting Officer in writing that the required insurance has been obtained.

ii. Limitation of Liability. Except as otherwise specifically provided herein, the

Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any Amount due the

Owner under paragraph (1) shall be subject to set off by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by paragraph (1).

iii. Cancellation or Material Change in Coverage. All policies shall contain an endorsement stating that “in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the Contracting Officer.” Wording such as “will endeavor to mail notice” or “failure to mail such notices shall impose no obligation or liability” is not acceptable.

iv. Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the all of contractor’s required insurance as stated above.

22. WAR.

a) Voyage Instructions - Operating limits of the vessel subject to this contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, or zone involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Contractor not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Contractor indemnification against said risks pursuant to Public Law

85‐804 (72 Stat. 972, August 28, 1958).

b) 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.

c) 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.

23. GOVERNMENT WAR RISK INSURANCE/INDEMNITY

a) Upon receipt of notice and instruction from the Contracting Officer, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War

Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas under the

Contractor’s commercial War Risk coverage, the Contractor shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the

Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils

Listed Areas , as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Contractor shall accept the

Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Contractor shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Contractor shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

b) 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:

i. War Risk Hull Coverage, insured at the hull value stated in Vessel’s current commercial hull and increased-value policies effective on Charter Party date, a copy of which current hull policies shall be furnished to Charterer;

ii. War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of the hull value stated in Vessel's current commercial hull policy effective on Charter

Party date or (ii) $50,000,000, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on Charter Party date;

iii. War Risk Blocking and Trapping Coverage;

iv. 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);

v. War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on the Vessel on Charter Party date. The sum insured by this policy, including the amount of lost time that is covered, will be equivalent to the levels insured by the

Vessel's commercial policy. However, the amount insured by this policy will in no event exceed the hire rate (effective under this Charter Party when the loss of time began), over a maximum duration of 90 days lost. This maximum amount will be further subject to a deductible equivalent to that in place under the Vessel's commercial policy.

c) 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.

24. WAGE DETERMINATION

The Department of Labor Wage Determination 2015-0213 Rev. 17 is incorporated into this contract and is added as Attachment G. Any subsequent wage determinations or revisions as appropriate will be incorporated into the contract when they become effective.

25. FUNDING

Funding will be provided for the base period and each option, or it will be provided per individual task order.

26. EMERGENCY SITUATION AND TRAINING

a. General. In the event that the Owner is unwilling or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the Atlantic Fleet Commander (COMUSFLTFORCOM) or his designated representative that the emergency so requires, the Owner agrees to relinquish custody and control of the tug(s) to the Government in order to allow the Government to respond to the emergency situation using the Owner’s tug(s)/equipment augmented in whole or in part by a Government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of Government operation and control shall not exceed that time required to respond to the emergency and properly return the tug(s) to Owner’s control.

b. Mitigation. Owner’s release of the tug(s) for emergency operation by the

Government shall serve to mitigate Owner's liability, if any, under the

Termination for Cause clause of this contract {See PART II, FAR 52.212-

4(2)(m)}. The value of the release of tug(s) to the Government shall be offset against the Contractor's liability under the Termination for Cause clause. During a period of partial or complete augmentation of crew by the Government, as a result of default, the Owner shall not be entitled to charter hire.

c. Owner Responsibility. The Owner shall cooperate and provide assistance in reactivation of the tug(s) from cold iron and provide any other assistance directed by the authorized Government representative(s).

d. Government Responsibility. The Government shall be responsible for loss or damage to the tug(s) during periods of complete crew augmentation by the

Government. During periods of partial crew augmentation, the Government shall be liable for damages resulting from Government action in accordance with the

Federal Tort Claims Act.

e. Condition of Default. Any failure, untimely response, or refusal to perform any of the services outlined in this contract may be considered a condition of default under this charter.

f. Training. The Owner shall provide the use of the Tug(s) and master(s) and crew(s) to train Government personnel in the operation of the Tug(s) as directed in writing by the Contracting Officer or COR; said writing to be provided at least

24 hours in advance of the training. The training shall not be “crew augmentation” for purposes of subsection (f)(1) of this section. The Owner shall not be relieved of responsibilities under PART II, FAR 52.212-4(2)(d) "CHARTER NOT A

DEMISE" during training.

i. Such training shall include, but not be limited to, the full operation of the tug(s) (e.g., reactivating from cold iron; underway operation; and towage of vessels/submarines). Training shall include hands-on exercises and shall be conducted to ensure that Government personnel are able to properly, effectively and safely augment or replace the Owner's crew. Training shall be of sufficient quality to allow for partial or complete augmentation of the contractor’s crew.

ii. Training shall take place during normal operating hours.

iii. Training shall be conducted to ensure that Government personnel are able to operate the tug(s) properly, effectively and safely in the event of an

Emergency.

27. SHIP PHYSICAL SECURITY.

The Owner will comply with and implement the Navy Force Protection and Security requirements for the port in which it is docked or berthed. All costs shall be included in the regular hourly rate, except for Contracting Officer directed material purchases over

$100 in total value, which shall be subject to the Pass Through Reimbursables Section of the Contract.

28. SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES.

a) Charterer’s Option. The Charterer shall have the right to assign supercargo and other

Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification allow and in accordance with COMSC Instruction 3121.9 Series. The Charterer shall pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. The Owner shall victual U.S. Government designated representatives, pilots, and Customs Officers when authorized by the

Charterer at $7.00 per meal. The Government particularly reserves the right to put a representative onboard the Vessel, with the pilot, at the approach to a discharge port

(or otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading; reimbursement for accommodations and/or victualling is to be as described above.

b) Military Personnel. In addition to the carriage of personnel, the Charterer shall have the right to assign other military personnel aboard the Vessel. Such personnel are not to require victualling or berthing facilities from the Vessel unless requested by the military commander aboard, in which case the Owner will be reimbursed out-of-pocket expenses not to exceed the amount per person per day set forth above. The

Owner shall provide sufficient lifesaving equipment for such personnel in accordance with SOLAS and all other applicable regulatory requirements.

c) Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the

Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of supercargo or Government designated representatives in the embarkation, carriage, or debarkation of supercargo or

Government designated representatives to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or the Contracting Officer within one week of the damage taking place.

INSTRUCTIONS

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS (Oct 2018)

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.

a. This procurement is a FAR Part 12 acquisition being conducted under the FAR Subpart

13.5, Simplified Procedures for Certain Commercial items. After receipt of proposals the

Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate.

b. Proposal and proposal modifications (e.g., proposal extension) may also be submitted electronically in response to this solicitation by e-mail directly conroy.randolph@navy.mil and lorrie.leedy@navy.mil, the designated E-mail addresses and inboxes for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

c. Proposals must be submitted via e-mail on or before 08 July 2020 at 1300 Eastern Time in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version. Proposals/modifications must contain either a verifiable electronic signature

(e.g. PKI enable 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 proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late. 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 set for receipt of offers is the receipt of the

E-mail proposal, 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-mailed offer. It is the Offeror's responsibility to ensure the proposal has been received in the designated E-mail inbox by the due date and time.

d. All Questions regarding the RFP shall be submitted to conroy.randolph@navy.mil and lorrie.leedy@navy.mil . All questions must be submitted 24 hours prior to RFP closing using Attachment F.

e. Access to the Norfolk Naval Station is restricted.

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

mailto:conroy.randolph@navy.mil mailto:lorrie.leedy@navy.mil mailto:conroy.randolph@navy.mil mailto:lorrie.leedy@navy.mil

g. Offerors are encouraged to submit offers using the Submission Package. The Submission

Package contains forms for the proposed Minimum Vessel Characteristics, the Offered

Rates, the Vessel Casualty Plan, and the Strike Contingency Plan. Vessel Characteristics

Sheets, Rate Sheets, or other documents may be substituted but must address the details in these forms.

h. Representations and Certifications clauses that offerors are required to complete are also provided.

i. 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.

j. In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposals. Offerors shall ensure that they submit Small Business Subcontracting Plans with all of the information required by FAR 52.219-9. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

EVALUATION

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(A) The Government will evaluate offers on a Lowest Price, Technically Acceptable

(LPTA) basis. The technical factor will be evaluated on an acceptable/unacceptable basis.

Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to the responsible offeror with the lowest evaluated price proposal whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors. In order to be considered awardable, an offer must receive an acceptable rating in every non-price factor/subfactor. In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical

Price

Past Performance

(B) Evaluation of Factors

(1) Technical.

The Government will review the offeror’s proposed vessel characteristics submitted in the submission package to ensure that the capability of the proposed vessels meet the Government’s needs as described in the Request for Proposals

(RFP). The evaluation will consider if the offer meets the minimum requirements stated in the solicitation. Any offer that does not meet the minimum requirements shall be evaluated as Unacceptable.

(2) Price.

Total Evaluated Price will equal the sum of the Total Dollar Amounts for a tug for the firm and all option periods.

The sum of the Hourly Rates, Overtime Rates (each inclusive of fuel) multiplied by their respective estimates in the Schedule of Estimates, will equal the Total

Dollar Amount for each period.

Price analysis techniques will be used to determine price reasonableness.

Adequate price competition is expected. Materially unbalanced offers will not be considered for award.

In the event only one technically acceptable offer is received, price analysis will be conducted using recent similar contracts, price indices, the Government estimate and/or other price indicators as deemed necessary by the Government. However, pursuant to FAR 15.403-3(b), if there are unusual circumstances where it is concluded that additional information is necessary to determine the reasonableness of price, the Contracting Officer will, to the maximum extent possible, obtain the additional information from sources other than the offeror so as to preclude the up-front submission of cost and pricing data. Additionally, the Contracting Officer will, to the maximum extent practicable, limit the scope of the request for information relating to this procurement to include only that information that is in the form regularly maintained by the offeror as part of its normal operations. If a fair and reasonable price cannot be determined from price analysis, the

Government will request cost and pricing data.

(3) For the purposes of evaluating offeror’s past performance:

a. The government will search CPARS for each offeror’s three most recent and relevant government contracts for call out tug services. While the government intends to use primarily CPARS to gather information on offerors’ past performance, it reserves the right to consider other sources of relevant information. The government will not consider the past performance of parent or sister companies, and will only consider the past performance of the offeror.

Recency and relevancy are defined below. The government will consider the extent of the offeror’s ability to perform a previous, recent, and relevant contract successfully in the areas of; (A) Quality of product or services; (B)

Timeliness or scheduling of supplies/deliveries; (C) Business relations/customer satisfaction; and (D) Key Personnel and staffing (including subcontractors).

b. “Recent” is defined as a contract in-progress or completed within the last three years.

c. “Relevant” is defined as a contract that is of similar scope, magnitude, complexity to the requirements as set forth in this solicitation.

1. Scope: Experience in the areas defined in this RFP.

2. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to this RFP.

3. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to this RFP. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

(C) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base requirement inclusive of fuel costs.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(D) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(E) For other than small businesses, the Government will evaluate the Small Business

Subcontracting Plan in accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan acceptable to the Contracting Officer may make the Offeror ineligible for award of a contract.

(End of provision)

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only.

Information included in DFARS 252.232-7006 and this WAWF instruction apply only to

WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or

DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations, the WAWF system will pre-populate the “Pay DoDAAC,” “Admin by

DoDAAC” and “Issue by DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS

252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of

“destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or

SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document.

The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of

Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s

Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the

Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

ATTACHMENT A

SUBMISSION PACKAGE

(a) Vessel Specifications: See Vessel Characteristics Sheet below.

(1) To be completed for each vessel or class of vessels, if all vessels in the class are identical.

(2) Vessel(s) name(s) and ownership papers or proof of authority to offer the vessel(s).

(3) Drawings, pictures, or General Arrangement of the offered vessel(s).

(b) Offered Rates. See Price Evaluation Sheet Attachment E

(c) Published commercial price list/tariff.

(d) UEI and Cage Code, Companies full name and address, CPARS POC

(e) All proposals must contain Owner’s signature

(f) Completed Representation and Certifications.

FAR LINK: https://www.acquisition.gov/far/

(1) FAR Provision 52.203-2

(2) FAR Provision 52.209-7

(3) FAR Provision 52.212-3 Alt I

(4) FAR Provision 52.209-11

(g) Small Business Subcontracting Plan, if required.

(h) Minimum Vessel Characteristics

(i) Business Size

(j) Vessel Flag

(k) Owner’s Name

(l) Owner’s Email http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://www.acquisition.gov/far/

(m) Certificate of Inspection (COI)

(n) Vessel Specifications Sheet

Vessel Characteristics Sheet: Offerors shall provide a statement describing how their proposed tug meets each of the minimum requirements in this RFP. The Vessel

Characteristics sheet shall be filled out for EACH tug.

CHARACTERISTIC MINIMUM CONTRACTOR’S INPUT

Flag US flag Propulsion Type Single Screw or better Minimum Length 80 ft

Surface Fendering Sufficient to support alongside boarding at sea

Transit Speed 10 knots

Capstans /Winches Gypsy Head or Capstan to heave around messenger in timely manner.

Surface

Configuration

Open bow space with bullnose and bits to support being towed.

Communication

Equipment

Minimum required by the U.S.C.G.

and FCC for inland and international waters. Additionally capable of communications on HF with a minimum range of 100 miles including 5072.5 MHz

Other Equipment Equipment sufficient to quickly attach/detach towing hawser to bow of the vessel

Tonnage 50 tons and reserve buoyancy to support being towed by Naval warship with a maximum 12-inch towing hawser

ATTACHMENT B

Strike Contingency Plan

Offerors shall provide a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation.

ATTACHMENT C

Vessel Casualty Plan

Offerors shall provide a vessel casualty plan that describes how services will be continued if there is a casualty to the tug or to a system that makes the tug inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute tug in the event of a vessel casualty.

ATTACHMENT D

Schedule of Estimates: The following estimates are not a guarantee of work. This information is provided for estimation purposes only. The expected annual operating tempo (OPTEMPO) for the one tug is 25 ship movements of approximately 3-8 hours duration, of which 5 ship movements may occur during overtime working hours.