20R4151 RFP.pdf

26 August 2020

This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office

MARKET SURVEYS, RFP’S, AMENDMENTS AND CONTRACT AWARDS WILL BE

POSTED TO THE BETA.SAM.GOV WEBSITE (ONLY) UNTIL FUTHER NOTICE.

HTTPS://BETA.SAM.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N32205-20-R-4151

Ref: (a) SF 1449

(b) MSC TANKVOY 2020 (08-2020)

This acquisition is being conducted under FAR 13.5 Simplified Procedures for Certain Commercial Items.

MSC Strategic Sealift Program Support Office, N103A, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available on the MSC web site at https://www.msc.navy.mil, under “Contracts,” then “Proforma,” or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

Notes:

1. EACH OWNER/OFFEROR SHALL SUBMIT ONLY ONE VESSEL. SUBSTITUTIONS FOR

VESSELS WILL BE ALLOWED UP UNTIL SUBMISSION OF FINAL PROPOSALS IF

COMMUNICATIONS ARE HELD AND FINAL PROPOSALS ARE REQUESTED (SEE

TANKVOY PART X(g)).

2. DUE TO INCREASED E-MAIL SECURITY, IT MAY TAKE LONGER FOR E-MAILS TO BE

RECEIVED IN THE APPROPRIATE IN-BOX, ESPECIALLY WHEN AN E-MAIL IS HOSTED

IN A FOREIGN COUNTRY; SOME E-MAILS ARE DELAYED IN EXCESS OF HOURS.

OFFERORS ARE ENCOURAGED TO SUBMIT OFFERS AS SOON AS POSSIBLE. NO JPEG

FILES.

3. AS OUTLINED IN RELEVANT PARTS V AND VIII BELOW, SUBMISSION OF AN OFFER

REQUIRES THE SUBMISSION OF RELEVANT SHIPYARD DATA INFORMATION FOR ALL

JONES ACT VESSELS OWNED OR CONTROLLED BY THE OFFEROR. PLEASE MAKE

SURE TO USE THE EXCEL SPREADSHEET PROVIDED FOR DATA SUBMISSION AND

FOLLOW THE FORMAT OF THE SAMPLE. ENTER ONLY DATA FOR SHIPYARD WORK

COMPLETED FOR THE CURRENT YEAR AND FOUR PRECEDING YEARS; THERE IS NO

NEED TO ANNOTATE “NONE.”

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-20-R-4151

6. Solicitation Issue Date: 26 August 2020

7. For Solicitation Information: Jasmine Washington; jasmine.t.washingto1@navy.mil; 757- 341-3350

8. Offer Due Date: Thursday, 03 September 2020, at 1000 Eastern Time

9. Issued by: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP 64, Naval Station Norfolk, Norfolk, VA 23511-2419 (Code: N32205)

10. This Acquisition is: Unrestricted; NAICS Code: 483111

14. Method of Solicitation: RFP 18a. Payment will be made by: SEE Part VIII (4) WAWF Submit electronic invoices IAW WAWF contract clause.

18b. Submit invoices to: SEE PART VIII (5) MSC WIDE AREA WORKFLOW (WAWF)

INSTRUCTIONS (AUG 2012).

27a. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 Alt 1 and 52.212-5 are attached.

PART I - TANKVOY BOXES:

1. VESSEL(S) REQUIRED:

One, clean, approved, U.S. flag, Jones Act, double-hull tanker, with an Inert Gas System (IGS) and Segregated Ballast Tanks (SBT) that is capable of carrying a minimum of 70,000 bbls of clean product (intentions JPTS) within vessel’s natural segregation in designated cargo tanks with double valve isolation and with the following minimum particulars:

a) 1) Owner shall provide the MSC Area Commander with any report required under U.S.

Coast Guard Marine Safety Information Bulletin 02-20 (Change 3) (requiring hazardous conditions be reported), prior to entering the port.

2) Owner shall provide in its proposal its company’s health and safety plans for its crew related to the novel coronavirus for this mission. While not evaluated, upon award, this plan shall become contractually binding on the owner.

3) Owner is advised that due to the time-sensitive and critical nature of the mission, including environmental factors, the Excusable Delay provision shall not apply if delay was caused by a breach of Owner’s Health and Safety Plan cited above or was otherwise reasonably preventable by following U.S. Coast Guard or Center for Disease Control COVID-19 guidelines in publication at the time of breach.

4) The ship-owner agrees that crew and other embarked personnel may be ordered by the charterer to stay aboard the vessel during port visits under this charter as deemed necessary by the charterer or local government authorities. Further, the ship-owner agrees that the charterer may limit access to the vessel by any shore-side personnel upon the vessel’s port calls during this charter.

5) Owner agrees that no routine crew changes will occur during the course of the charter and that all costs (e.g., transportation, Restriction of Movement, or other quarantine costs) associated with any non-routine crew changes shall be the responsibility of the Owner and not the Charterer.

b) Vessel must be a party to the Ship Inspection Report (SIRE) System, and offerors must provide a copy of the current Q-88 with offer (no more than 60 days old).

c) Vessel’s Q-88 must detail current acceptances and dates of inspection. There shall be at least one SIRE inspection not more than six months prior to the commencement of laydays under this charter; offerors shall confirm that such inspections were satisfactory.

d) Vessel must have a SBT.

e) Vessel must have an IGS.

f) Vessel cannot exceed a maximum LOA of 204.80 meters.

g) Vessel cannot exceed a maximum beam of 32.00 meters.

h) Vessel cannot exceed a maximum DWT of 36,287 MT. Re-measuring DWT at load port is not permitted.

i) Vessel must be capable of docking Port Side to at load port.

j) Vessel cannot exceed a maximum manifold height above waterline of 23.50 meters while laden for discharging at the port of Killingholme.

k) Vessel must have a minimum of 2 forward headlines, 4 forward breastlines, 3 forward spring lines, 5 aft stern lines, and 4 aft spring lines (all lines can be either all rope or all HMPE). Due to lack of mooring bollards on the jetty at Killingholme, the terminal will be unable to accept more than two mooring lines from the aft maindeck.

l) Owner must provide a copy of vessel’s current Class Society issued Safety Management Certificate.

m) Owner must provide a copy of vessel’s current Flag State issued International Ship Security Certificate.

n) Owner must provide vessel stowage plan demonstrating vessel’s ability to load a minimum of 70,000 bbls JPTS with a maximum draft of 10.97 meters.

o) Owner must provide vessel itinerary from offer to arrival laydays at load port ready for tank inspection.

p) Owner must confirm if they intend to load other products, the government’s cargo must be last in and first out. Cargo tanks for this product will be physically inspected for suitability prior to loading. Government tank inspection procedures require all cargo tanks, ballast tanks, slop tanks or void spaces adjacent to the tanks to be loaded with DOD cargo to be clean and certified as gas free by a qualified Marine Chemist for the tank inspection. It would be permissible to shift other cargo into these tanks after the inspection as long as the Cargo tanks and systems for the MSC product are isolated from any other systems by double valve isolation and/or positive blinds.

q) Vessel's cargo loading and unloading system associated with JPTS must be completely isolated. Owner must identify whether this will be accomplished by completely separate piping systems or by use of blinds. Valves will not be depended on to effect isolation. No common lines are to be used during loading or discharging JPTS. Steam smothering lines should have at least two valves that can be sealed from the main line to the tanks, or a blind installed that can be readily removed. Each tank will have its own individual vent.

If the ship has a common vent system, tanks used for JPTS must be isolated from balance of the vent system.

r) Owner must provide copies of Certificates of Quality for last three cargoes that were loaded in tanks nominated for JPTS. Only JP-5, JP-4, kerosene, non-aromatic solvent, unleaded gasoline, or arctic diesel will be considered acceptable previous cargoes for tanks nominated for JPTS.

s) Prior to loading JPTS, tank-cleaning requirements are: tanks must be machine washed with hot water, if cleaning chemical and/or salt water is used, the final wash must be with fresh water. Tank bottoms, interior bulkheads and internals must be completely free of sediment, scale and other contaminants. Tanks must be dry and all liquids completely removed from the tanks' lines after cleaning, must be flushed with fresh water, drained and free of all water.

t) Owner must confirm upon arrival at the load port, the vessel shall be in a clean, gas-free condition and ready for internal tank inspection of the cargo tanks, which will be used to carry this product. These tanks and all additional cargo tanks, ballast tanks, slop tanks and/or void spaces adjacent to these tanks shall be clean and certified as gas free by a Certified Marine Chemist for the tank inspection prior to the ship being allowed to load the Government’s cargo. The Offeror shall provide at the owner’s expense a Certified Marine Chemist to certify the ship’s tanks are safe for entry for the internal tank inspection by the Government and/or Charterer representative. The Certified Marine Chemist must enter all the ship’s cargo tanks in advance of the Quality Assurance Representative (QAR) and perform a full four-corner entry inspection. Certified Marine Chemist’s inspection must include all tank pockets identified by the QAR to the satisfaction of the QAR. If a prior (last, 2nd to last, or 3rd to last) cargo contained a percentage of benzene, the Owner’s Certified Marine Chemist must arrive to the vessel equipped with benzene detection tubes to measure toxicity for benzene content.

Acceptable benzene levels are the maximum time-weighted average (TWA) exposure limit is 1 part of benzene vapor per million parts of air (1 ppm) average for an 8-hour workday and the maximum short-term exposure limit (STEL) is 5 ppm for any 15-minute period. Gasoline tanks, after cleaning should be ventilated with forced air or acceptable means for as long as possible to ensure levels are reduced enough to allow entry. All safe for entry / toxicity / flammability assessments will be performed in the presence of the inspecting QAR. Contractor will provide time needed to re-inert after inspection.

u) Owner must provide, if vessel cargo tanks have heating coils, coil type or composition (such as stainless steel, copper, etc.).

v) If vessel cargo tanks have heating coils, owner must provide the date heating coils were last pressure tested and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this charter. Vessel tanks with copper or yellow metal compounds are not acceptable for Jet Fuel cargoes.

w) If vessel cargo tanks are internally coated, owner must provide the coating type (epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. If tanks are not coated then state “none”. Coatings that are incompatible with the fuel to be carried will be rejected.

x) Owner must provide copies of Certificates of Quality for last three cargoes. These Certificates should contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality should contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of “typical” are not acceptable. Additionally, the following are required for the specific products mentioned:

1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or

“mass percent”, or Doctor Test (ASTMD 4952). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.

2. Gasoline (Motor or Aviation): It must be stated whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

y) Vessel shall either (1) not have carried Fatty Acid Methyl Esters (FAME) within its last three cargo or (2) have had its cargo tanks cleaned and conditioned in accordance with the guidance in Energy Institute HM50 if its tanks contained Fatty Acid Methyl Esters (FAME) within its last three cargo carries. Offeror shall either state, with the submission of its offer, that (1) the last three cargos were FAME-free or that (2) the aforementioned cleaning has or will occur prior to loading the government’s cargo.

z) Owner must confirm vessel must be able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.

aa) Owner agrees where cargo is carried after contract award and prior to delivery to provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the Government shall result in the Government cancelling this contract at no cost to the Government.

bb) Vessel must meet all MSC requirements for reporting. Vessel shall provide position/status reports in-port and at-sea every six (6) hours daily at 0000, 0600, 1200, and 1800 hours local Washington, DC time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hr pre-arrival notifications for all ports to Area Command and COMSC TANKERS.

Reports shall be sent to the following email addresses:

1. COMSC.TANKERS@NAVY.MIL

2. DESC-BIT@DLA.MIL

3. MSCHQ.BWC.FCT@NAVY.MIL

4. MSCLANT.SDO@NAVY.MIL

5. KIMBERLY.HARRIS@NAVY.MIL

6. BRIAN.HILL1@NAVY.MIL

7. TEOFANES.ROJAS1@NAVY.MIL

8. ALPHONSO.CHAPMAN@NAVY.MIL

9. ANTHONY.W.ROTHGEB@NAVY.MIL

10. SLECARGO@EU.NAVY.MIL

2. CARGO DESCRIPTION:

MINIMUM 70,000 BBLS JPTS

3. INTENDED LOADING PORT/PLACE:

SEABROOK, TEXAS (Intentions LBC Terminal)

PORT RESTRICTIONS (WOG):

MAX DISPLACEMENT: N/A

MAX DWT: N/A

MAX LOA: 744 FT / 226.8 METERS

MAX BEAM: N/A

MAX DRAFT: 40 FT / 12.2 METERS

MAX ENVELOPE LOADING ARM HEIGHT: N/A

TERMINAL BERTHING REQUIREMENT: ALL VESSELS MUST DOCK PORT SIDE

TO

4. INTENDED DISCHARGE PORTS/PLACES:

TEXAS CITY, TEXAS (Intentions NUSTAR Terminal, Dock 15)

PORT RESTRICTIONS (WOG)

MAX DISPLACEMENT: N/A

MAX DWT: 36,287.39 MT

MAX LOA: 213.34 METERS

MAX BEAM: 32.0 METERS

MAX DRAFT: 10.97 METERS

MAX LOADING ARM HT ABOVE W/L: N/A

INTENDED DISCHARGE PORTS/PLACES:

KILLINGHOLME, UK

PORT RESTRICTIONS (WOG)

MAX DISPLACEMENT: N/A

MAX DWT: 60,000 MT (Re-measuring NOT allowed)

MAX LOA: 204.8 METERS

MAX BEAM: N/A

MAX DRAFT: 9.8 METERS

MAX LOADING ARM HT ABOVE W/L: 23.5 METERS

KILLINGHOLME MOORING REQUIREMENTS:

VESSEL MUST HAVE A MINIMUM OF:

2 FORWARD HEADLINES (ALL ROPE OR ALL HMPE)

4 FORWARD BREASTLINES (ALL ROPE OR ALL HMPE)

3 FORWARD SPRING LINES (ALL ROPE OR ALL HMPE)

5 AFT STERN LINES (ALL ROPE OR AL HMPE)

4 AFT SPRING LINES (ALL ROPE OR ALL HMPE) **

**DUE TO LACK OF MOORING BOLLARDS ON THE JETTY, THE TERMINAL WILL

BE UNABLE TO ACCEPT MORE THAN TWO MOORING LINES FROM THE AFT

MAINDECK.

5. ROUTE:

PROCEED TO SEABROOK, TX TO LOAD APPROXIMATLEY 70,000 BBLS JPTS, THEN

PROCEED TO TEXAS CITY, TX TO DISCHARGE APPROXIMATELY 60,000 BBLS JPTS,

THEN PROCED TO KILLINGHOLME, U.K. TO DISCHARGE THE REMAINDER OF

CARGO.

6. LAYDAYS:

COMMENCING: 25 SEP 2020

CANCELLING: 26 SEP 2020

7. TERMS AND CONDITIONS:

AMEND: PART (II) (o)(8) SECTION TO READ: AGE OF VESSEL. VESSEL’S AGE

SHALL BE LESS THAN 20 YEARS FOR THE DURATION OF THE CHARTER,

VESSELS THAT WILL EXCEED 15 YEARS DURING THE CHARTER PERIOD MUST

BE ENROLLED IN THEIR CLASSIFICATION SOCIETY’S CONDITION

ASSESSMENT PROGRAM (CAP) AND BE RATED CAP 2 OR BETTER.

AMEND: PART (III) (g) SECTION TO INCLUDE THE FOLLOWING SENTENCE: IN

THE OFFEROR’S PROPOSAL, OFFEROR TO PROVIDE DETAILS OF ANY OTHER

CARGOES TO BE LOADED OR DISCHARGED ALONG WITH THE INTENDED

PORTS OF CALL DURING THIS CHARTER.

AMEND: PART (III) (k)(2) FIRST SENTENCE TO READ: DURATION. LAYTIME OF

144 HOURS TOTAL SHALL BE PERMITTED FREE OF EXPENSE TO THE

CHARTERER FOR THE PURPOSES OF LOADING AND DISCHARGING CARGO

AND FOR ALL OTHER CHARTERER'S PURPOSES.

AMEND: PART (IV) (m)(1) EMAIL ADDRESS TO READ:

COMSC.TANKERS@NAVY.MIL. SPECIAL REQUIREMENTS. (1) NOTE: WHEN

SUBMITTING AN INVOICE, ADDITIONALLY SEND AN EMAIL TO

COMSC.TANKERS@NAVY.MIL REFERENCING THE INVOICE NUMBER, VESSEL

NAME, AMOUNT OF INVOICE, AND A BRIEF DESCRIPTION OF THE NATURE OF

THE INVOICE.

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

REPLACE PART VI WITH THE FOLLOWING:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (AUG 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

XX (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Mar 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

XX (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

XX (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

XX (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

XX (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) http://www.acquisition.gov/far/current/html/52_212_213.html

AMEND PART VII CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS TO READ:

XX (xix)(E) Use the provision at 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(d), to comply with section 1017 of Pub. L.

109-364.

ADD PART IX. ATTACHMENTS – DRY VOYAGE TIME CHARTER

(e) U.S. Department of Labor Wage Determination, 2019-0288, Revision 4

(f) Shipyard Data Template for Offeror (Follow format on template.)

AMEND XI(a) TO READ AS FOLLOWS:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror (See Note (1) below) whose technically acceptable proposal with acceptable past performance represents the lowest price to the Government, with consideration given to the extent that shipyard work has been conducted in U.S. shipyards.

NOTE (1): It is emphasized that as an integral part of the award selection a responsibility determination of the offeror will be made in accordance with FAR Part 9.104. Within this determination, the Government will only consider an offeror responsible if it presents a viable, continued capacity to fully provide the contracted services in accordance with the charter, regardless of operating conditions (e.g., conflict or contingency operations). This will be determined using the factors shown in FAR Part 9.104, to include 1) experience, 2) operational controls, 3) technical skills, 4) satisfactory past performance record, and 5) ability to comply with required delivery schedule.

Award preferences for domestic shipyard usage (see DFARS 252.247-7026) will be applied to the Government's evaluation of offers. Award will be made, if at all, to the lowest price, technically acceptable offeror that has category 1 domestic shipyard usage.

If 35% or more of the cost of overhaul, repair, and maintenance work of an offeror’s covered vessels (see DFARS 252.247-7026(a)) has been conducted within a U.S. shipyard (during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years), the offeror is in “category 1.” All other offerors are in “category 2.”

ADD TO PART X(B)(16)

(xvi) Completed Shipyard Data Template

AMEND PART XI(b) TO READ AS FOLLOWS:

(b) In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical Past Performance Price Domestic Shipyard Usage

AMEND PART XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS TO READ:

XX (1) DFARS 252.247-7026 Evaluation Preference for Use of Domestic Shipyards -

Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade. (NOV 2008)

(a) Definitions. As used in this provision—

“Covered vessel” means a vessel—

(1) Owned, operated, or controlled by the offeror; and

(2) Qualified to engage in the carriage of cargo in the coastwise or noncontiguous trade under Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 12101, 12132, and 55102), commonly referred to as “Jones Act”; 46 U.S.C. 12102, 12112, and 12119; and Section 2 of the Shipping Act, 1916 (46 U.S.C. 50501).

“Foreign shipyard” means a shipyard that is not a U.S. shipyard.

“Overhaul, repair, and maintenance work” means work requiring a shipyard period greater than or equal to 5 calendar days.

“Shipyard” means a facility capable of performing overhaul, repair, and maintenance work on covered vessels.

“U.S. shipyard” means a shipyard that is located in any State of the United States or in Guam.

(b) This solicitation includes an evaluation criterion that considers the extent to which the offeror has had overhaul, repair, and maintenance work for covered vessels performed in U.S. shipyards.

(c) The offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair, and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years:

(1) Name of vessel.

(2) Description and cost of qualifying shipyard work performed in U.S. shipyards.

(3) Description and cost of qualifying shipyard work performed in foreign shipyards and whether—

(i) Such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity to the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or

(ii) Such work was paid for or reimbursed by the U.S. Government.

(4) Names of shipyards that performed the work.

(5) Inclusive dates of work performed.

(d) Offerors are responsible for submitting accurate information. The Contracting Officer—

(1) Will use the information to evaluate offers in accordance with the criteria specified in the solicitation; and

(2) Reserves the right to request supporting documentation if determined necessary in the proposal evaluation process.

(e) The Department of Defense will provide the information submitted in response to this provision to the congressional defense committees, as required by Section 1017 of Pub.

L. 109-364.

(End of Provision)

CALLOUT PART X. INSTRUCTIONS TO OFFERORS

Offerors shall comply with all parts of the solicitation and shall use the guidelines set forth in Part X for submission of offers.

Offerors must be registered in the System for Award Management Registration (SAM) in order to be considered for award. To comply, provide a Unique Entity Identifier (UEI) number with your offer. This number is required to verify registration and in order to register in SAM. The UEI number can be obtained by calling 1-800-333-0505. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

Failure to submit all required information as requested could result in your offer not being considered for award.

SIGNED: KENNETH D. ALLEN, CONTRACTING OFFICER, MSC, N103A