Amended RFP 693JF719R000034 P0008 - VAM Solicitation 4-19-21.pdf

(x)

693JF719R000034

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

693JF7

WASHINGTON DC 20590

1200 NEW JESEY AVE SE

OFFICE OF ACQUISITIONS

MARITIME ADMINISTRATION

04/19/20210008

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/20/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment is to clarify certain aspects of the solicitation and provide offerors that previously submitted proposals to enter into discussions.

See below for summary of changes.

Summary of Changes:

1. (See redline changes below)

2. (See Discussion letters)

Period of Performance: 03/31/2021 to 03/30/2027

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

WILBUR TURNER

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 156CONTINUATION SHEET

PAGE OF

(A) (B) (C) (D) (E) (F)

REFERENCE NO. OF DOCUMENT BEING CONTINUED

693JF719R000034/0008

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

693JF719R000034/0008

PAGE OF

3 156

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C) (D

UNIT

UNIT PRICE

(E)

AMOUNT

(F)

RFP# 693JF719R000034

SECTION B: Supplies, Services & Prices Vessel Acquisition Manager (VAM)

Table B-1

Schedule of Supplies and Services

Note: All CLINs are executable by Task Orders / Delivery Orders

Contract Line

Item Number

(CLIN)

Description Unit of

Issue

Unit Price

0001 - FFP Vessel Search and Preliminary Screening EA See Notes 1 and 7

0002 - FFP Second Screening EA See Notes 1 and 7

0003 - FFP Accelerated Vessel Search and Screening EA See Notes 1 and 7

0004 - CPFF

Survey, Inspection & Final

Recommendation – Business Case

Analysis (BCA)

EA

See Notes 2 and 7

0005 - CPFF

Base Vessel Acquisition and Delivery

Support Services EA See Notes 2, 3 and 7

0006 - CR Vessel Acquisition EA See Note 4

0007 - CR Vessel Upgrade and Re-Delivery EA See Notes 2 and 5

0008 - FFP

Vessel Custodian Management – Daily

Rate for Reduced Operating Status (ROS) and Maintenance & Repair.

Daily Rate ROS: $

See Notes 3, 6,7 and

0009 - FFP

Vessel Custodian Management – Daily

Rate for Activation to Full Operating

Status (FOS), Operation, and Deactivation.

Daily Rate FOS: $

See Notes 3, 6, 7 and

0010 - CR

Cost Reimbursable items including, but not limited to, those in Attachment J-19 EA See Notes 4 and 6

Note 1: Offerors are required to submit a Firm Fixed Price for each year of execution.

Note 2: Labor rates shall be fully burdened IAW Attachment J-2 (Pricing Sheet).

Note 3: Labor rates for crewing will be based on current Collective Bargaining Agreement (CBA) rates proposed at time of proposal submission. See paragraph L.11, Factor 5 – Price.

Note 4: Actual cost, not subject to markup.

Note 5: CLIN 0007 will be executed concurrently with CLIN 0008.

Note 6: No mark up on materials and subcontractors.

Note 7: Pricing itemization shall be submitted following Attachment J-2 (Pricing Sheet).

Note 8: Offerors should assume 97% of the year at ROS and 3% of the year at FOS.

97% for ROS

Table B-2

Descriptions of Contract Line Items

Note: All CLINs are executable by Task Orders / Delivery Orders

CLINs Description of supplies or services for each of the

CLINs

Major Deliverables (Refer to Attachment J-5:

Deliverables for additional detail)

CLIN

Vessel Search and Preliminary Screening

Conduct a global market survey of specified type of vessels; (e.g. RO/RO).

Identify currently available vessels or those that could be made available for procurement.

Assess vessel information and recommend to

Maritime Administration (MARAD) no more than ten (10) vessels which have the highest potential of meeting the Operational

Requirements Document (ORD, Attachment J-

3) specifications and offering the best value upon initial assessment.

Provide to MARAD a listing of all vessels identified in the initial market survey, in priority order, to include the following information:

- Vessel Name

- Type of Vessel

- Vessel Flag State

- Year Built/Age

- Vessel Classification Society and

Classification Status

- Vessel Owner

- Total Square Feet (RO/RO)

- Length Overall/Beam/Draft

- Propulsion Type

- Electrical Power Frequency and Capacity

- Safety of Life at Sea (SOLAS) E0 or ECO

Class Endorsement (Y/N)

- Purchase Availability Date

For the top no more than ten (10) vessels, provide a narrative justifying the vessels selected for further assessment.

For vessels not selected, provide a narrative justifying the vessels’ non-recommendation for further assessment.

1. List of all identified vessels, prioritized to highlight those vessels considered with the greatest capacity or potential to meet ORD requirements

(Attachment J-3), with particular attention to the Key Vessel

Requirements (items 5a-5h);

2. Preliminary screening recommendation, including characterization of vessels and any sister-ship availability;

3. Rough Order of Magnitude

(ROM) estimate for value of each recommended vessel in the as-is condition, without upgrade;

4. Narrative report supporting the recommended screening.

5. Briefing (e.g. PowerPoint slides) summarizing the report.

CLINs

Major Deliverables

Second Screening

This second screening shall further analyze the vessels specified by the Government, based on the results of CLIN 0001. The VAM shall provide the maximum amount of information for each vessel (without conducting on-site shipboard surveys), to include at a minimum the following information and analysis:

Comparison of vessel capability as-is against the ORD requirements;

Identification of where ORD requirements can be met with upgrades;

Consideration of alternatives for various cost factors to meet the ORD;

A ROM estimate, including:

- Acquisition cost;

- Cost to reflag;

- Itemized cost for upgrades to meet ORD;

- Any known items which may be delivered with the vessel (onboard and ashore);

- Cost associated with activating a vessel in lay-up; and

- Pro-forma daily costs for FOS or ROS.

Provide an initial Business Case Analysis.

The report shall contain a prioritized listing of the screened vessels, from which the

Government shall determine the candidate vessel(s) for prospective procurement. The

BCA shall include for each of the recommended vessels:

- Total Acquisition Cost, including purchase price and any necessary modifications/ upgrades to meet ORD requirements;

- Most recent class survey;

- Any outstanding class recommendations;

- Port state information exchange results;

- Hull and Machinery P&I Claims;

- Class endorsements;

- ROM operating costs, including costs associated with activating vessel in lay-up

1. Prioritized list of all vessels, highlighting those vessels recommended as candidates for shipboard surveys that best meet

ORD specifications, with particular attention to the Key

Vessel Requirements (items 5a-

5h);

2. Initial Business Case Analysis for recommended candidate vessels;

3. Proposed schedule of vessel surveys and ROM estimate to support making the final recommendation;

4. Statement of Work (SOW) to perform the final Business Case

Analysis and recommendation, including required personnel and rates, proposed travel

(locations/estimates), and time for completion;

5. Basis of Estimate and Cost to perform CLIN 0004.

6. Briefing (e.g. PowerPoint slides) summarizing the initial BCA.

CLINs

Major Deliverables and pro-forma daily costs for FOS or ROS.

Accelerated Vessel Search and Screening

Conduct a global market survey of specified type of vessels; (e.g. RO/RO);

Identify currently available vessels or those that could be made available for acquisition;

Provide to MARAD a listing of all vessels in priority order identified in the market survey including:

- Vessel name

- Type of Vessel

- Vessel Flag State

- Year Built/Age

- Vessel Classification Society and

Classification Status

- Vessel Owner

- Total Square Feet (RO/RO)

- Length Overall/Beam/Draft

- Propulsion Type

- Electrical Power Frequency and Capacity

- SOLAS E0 or ECO Class Endorsement

(Y/N)

- Purchase Availability Date

Comparison of the vessel capability as-is, against the ORD requirements;

Identification of where ORD requirements can be met with upgrades;

Consideration of alternatives for various cost factors to meet the ORD;

A ROM estimate, including:

- Total Acquisition Cost to meet ORD requirements;

- Cost to reflag;

- Itemized cost for upgrades to meet ORD;

- Any known items which may be delivered with the vessel (onboard and ashore);

- Cost associated with activating a vessel in lay-up; and

- Pro-forma daily costs for FOS or ROS.

1. List of all identified vessels, prioritized to highlight those vessels considered with the greatest capacity or potential to meet ORD requirements

(Attachment J-3), with particular attention to the Key Vessel

Requirements (items 5a-5h);

2. Screening recommendation, including characterization of vessel(s) and any sister-ship availability;

3. ROM estimate for value of each recommended vessel in the as-is condition, without modification/upgrade;

4. Narrative report supporting the prioritized recommended screening;

5. Initial Business Case Analysis;

6. Schedule of surveys/inspections and ROM estimate to make the final recommendation;

7. Statement of Work to perform the final Business Case Analysis and recommendation, including required personnel and rates, proposed travel

(locations/estimates), and time for completion; and

8. Basis of Estimate and Cost to perform CLIN 0004.

9. Briefing (e.g. PowerPoint slides) summarizing the initial BCA.

CLINs

Major Deliverables

Provide an initial Business Case Analysis.

The report shall contain a prioritized listing of the screened vessels, from which the

Government shall determine the candidate vessel(s) for prospective procurement. The

BCA shall include for each of the recommended vessels:

- Total Acquisition Cost, including purchase price and any necessary modifications/upgrades to meet ORD requirements;

- Most recent class survey;

- Any outstanding class recommendations;

- Port state information exchange results;

- Hull and Machinery P&I Claims;

- Class endorsements;

- ROM operating costs, including costs associated with activating vessel in lay-up and pro-forma daily costs for FOS or ROS.

Survey, Inspection & Final Recommendation –

Business Case Analysis (BCA)

Plan and execute vessel surveys. Develop a

Vessel Survey Plan that defines the tasks and schedule for a comprehensive assessment of the vessel’s material condition and operational capabilities. Coordinate logistics for required

Government and Contractor personnel to support pier side and underway surveys. The surveys shall accomplish the following:

Complete vessel material condition assessment;

Operational tests listed in the Vessel Survey

Guide (Attachment J-10), to the maximum extent permissible by the owner/operator;

Identify any vessel operating abnormalities;

Itemize shipboard and shore-based spares and develop a ROM value;

Validate cargo space area and cargo handling capacity (i.e. ramp safe working loads);

Engage USCG and ABS to identify

1. Business Case Analysis based on the aforementioned data and analysis. The BCA shall include vessel ranking with narrative justification. The analysis should consider, at minimum, the items identified in Attachment J-8.

2. Completed vessel survey, with detailed survey results and assessment of vessel material condition and operating capacity, and also noting any exceptions to operational tests (Attachment J-

10) or inspected areas;

3. Detailed cost report, including

Lifecycle Cost Estimate, with the minimum information per

Attachment J-12. This includes, but is not limited to, the costs associated with vessel acquisition, re-flag, re-class, Baseline Readiness, and any necessary modifications/upgrades

CLINs

Major Deliverables requirements for re-flagging and re-classification, as required;

Acquire general arrangement, midship section, and hull/deck scantling plans and conduct drawing analysis to validate deck strength;

Acquire Stability Analysis, Trim and Stability

Booklet and Loading Manual to validate intact and damage stability; and

Develop initial list of items required for modifications/upgrades to meet ORD specifications and identify any factors that are deemed not economically beneficial to achieve.

In addition to the survey items, the BCA shall include for each vessel:

A detailed Cost Estimate, including acquisition, operating, maintenance and any other costs to develop a comprehensive

Lifecycle Cost Estimate. The lifecycle cost should be based on an additional 25 years of service life for a vessel being maintained in

ROS-5 status.

A capability score based on the ORD provided in Attachment J-3.

Identification of sister ships.

Any risks or uncertainties associated with the vessel.

to meet ORD specifications;

4. Overview of VAM’s work accomplished for each vessel (i.e.

tests, inspections, assessments, staffing, including sub-contractors);

5. Timeline to complete modifications/upgrades or acceptance criteria within the

Government’s requirements;

6. Spares and logistics listing, including shore side spares, class required spares, and additional onboard spares;

7. Last Hull Ultrasonic Testing

(U.T.) Report;

8. Last Class Survey;

9. USCG requirements detailing re-flagging requirements; and

10. ABS Statement of Fact for class requirements to be met for continued service and/or re-classification.

11. Briefing (e.g. PowerPoint slides) summarizing the BCA and survey results.

Base Vessel Acquisition and Delivery Support

Services

Provide support services to procure the selected vessel and deliver it to a U.S. port at the direction of the Government. To accomplish the procurement of the vessel, the following efforts are required:

Develop a sales contract;

Administer the bill of sale;

Coordinating vessel transfer details with the

1. Vessel documentation with

MARAD/DOT as vessel owner;

2. USCG Certificate of Inspection

(COI), if available;

3. ABS Certificate of Class, if available;

4. Additional certificates from class per required documents listing of

VAM contract, e.g. Cargo Vessel

Safety Radio Certificate, etc., as necessary;

CLINs

Major Deliverables

Seller and the Government;

Coordinate and arrange any other requirements for the vessel to become property of the United

States.

Additional requirements under this effort include the following:

Conduct final negotiations for the vessel including, but not limited to:

- Spare parts

- Outfitting

- Drawings, plans and manuals

- Preventive maintenance plan

- Maintenance history

- Delivery of the vessel to the Continental

United States

Present the acquisition and delivery price to the Government for acceptance;

Upon Government acceptance, arrange delivery of the vessel to a port where vessel will be re-flagged and/or re-classed and, if applicable, upgraded;

Arrange shipping of all shore-based spares, owner-held documents, manuals, etc.;

Employ four senior officers (Master, Chief

Mate, Chief Engineer, First Assistant

Engineer) to embark on the vessel for its delivery to the Continental United States (if vessel routinely calls upon the United States, ensure the VAM’s crew rides the final transit of the Seller);

Government will take delivery of vessel and all appurtenances upon arrival at U.S. port, with vessel ownership under MARAD/DOT on behalf of the U.S. Government, and with custody and responsibility of the vessel under the VAM as the Vessel Operator;

Develop specifications and plans for vessel re-flagging and/or vessel re-classification and/or

Government-directed modifications/upgrades;

Solicit with a shipyard or industrial contractor

5. Populated NS-E database;

6. Upgrade solicitation package, including cost estimate;

7. Delivery of vessel to U.S. port as directed by Government;

8. Validated inventory of onboard equipment/outfitting;

9. Survey of fuel oil/lube oil;

10. Validated inventory of shore-based spare parts, logistics support packages, and class recommended spares.

CLINs

Major Deliverables for re-flagging and/or vessel re-classification and Government-directed modifications/upgrades;

Coordinate with USCG and ABS for re-flagging and/or re-classification of the vessel to achieve a USCG Certificate of Inspection

(COI), ABS Certificates of Class, and all other certificates and documentation for U.S. Flag

Public Vessel Operation;

Recommend to the Government manuals and drawings for translation to English, or procure

English versions, and accomplish same, as directed;

Recommend to the Government any additional spare parts for the vessel, including shore-based spares and procure as directed;

Populate the ABS Nautical Systems Enterprise

(NS-E) database, including preventive maintenance plan, spare parts, certificates, documents, and electronic manuals/drawings, using MARAD’s existing license;

Recommend to the Government necessary outfitting and consumables for the vessel to be maintained in an ROS-5 status;

Arrange for a full operating crew to activate the vessel and deliver the vessel to its out-port berth as directed;

Develop a solicitation to include those modifications/upgrades that the Government deems necessary as directed.

Vessel Acquisition

Purchase the vessel on behalf of the Government.

1. Vessel;

2. Bill of Sale;

3. Transfer of Title.

Vessel Upgrade and Re-Delivery

Conduct modifications/upgrades to the vessel to meet ORD specifications as directed by the

1. Upgrade package for

Government-directed modifications/upgrades;

2. Awarded contract for

CLINs

Major Deliverables

Government. This shall include:

Employing naval architects and marine engineers to develop plans and drawings for directed upgrades and gaining regulatory body acceptance of proposed upgrades;

Creating the upgrade specification package;

Soliciting upgrade package for competitive bidding;

Upon Government approval, contracting with a shipyard, or industrial assistance facility if conducted at the lay berth, to accomplish upgrades;

Providing necessary oversight of the shipyard / contractor work;

Demonstrating satisfactory completion of all upgrade work, including non-destructive and/or operational testing (dock trials and/or sea trials), as required by MARAD or regulatory bodies;

Gaining regulatory body approval of completed upgrades, if necessary;

Updating all manuals, drawings, and NS-E to reflect the upgrades;

Redelivering the vessel to its RRF port of designation.

shipyard/contractor to accomplish approved upgrade package;

3. Vessel with completed modifications/upgrades, per

Government approved upgrade package,

4. Demonstration of satisfactory completion of upgrades (i.e. non-destructive testing, dock trial or sea trial reports), as required by

Government;

5. Regulatory body approval, as required;

6. Updated manuals, drawings, and

NS-E database to reflect the upgrades.

7. Delivery of vessel to RRF port of designation;

8. Vessel marking, identity.

Vessel Custodian Management – ROS

Maintain the vessel(s) in Reduced Operating

Status (ROS), to include but not limited to such tasks as:

Developing a Government-approved Lifecycle

Management Plan and Preventative

Maintenance Plan (PMP), Implement and perform actions per the

Lifecycle Management and Preventative

Maintenance Plan.

Determining deficiencies;

1. Activation/Deactivation Plans;

2. Lifecycle Management Plan;

3. Preventative Maintenance Plan

(PMP);

Any other deliverable as required per attachment J-5.

CLINs

Major Deliverables

Writing specifications;

Performing minor repairs;

Supervising major repairs performed by subcontractors;

Stocking spare parts;

Maintaining inventory;

Provisioning;

Crewing; Crew training

Testing systems and equipment to ensure compliance with USCG certifications, ABS regulatory requirements, and any other prescribed requirements.

Developing the activation and deactivation plans for FOS.

Layberthing services

Meeting MARAD readiness goals

The objective of this CLIN is to be exercised for a period of performance as needed until the respective vessel Operations and Maintenance can be delivered to the MARAD via the Ship Manager

Contract, other vehicle, or means. TE?

Vessel Custodian Management – FOS

Provide for the operation, maintenance, and repair of the vessel(s) in Full Operating Status (FOS)

Services required include labor and supervision to equip, provision, supply (including medical supplies), replace, renew, upgrade, maintain, or repair structures, equipment, machinery, outfitting, spare parts, and supplies in accordance with regulatory bodies’ rules and regulations.

The objective of this CLIN is to be exercised for a period of performance as needed until the respective vessel Operations and Maintenance can be delivered to the MARAD via the Ship Manager

Contract, other vehicle, or means

1. All deliverables required per

Attachment J-5

CLINs

Major Deliverables

Cost Reimbursable Items required to support

CLIN 0008 and CLIN 0009 per J19.

All Deliverables required per J-5

[END OF SECTION B]

SECTION C: Specification / Statement of Objectives

C.1 SPECIFICATIONS

Note: See Operational Requirements Documentation (ORD, Attachment J-3) for specific vessel requirements.

C.2 STATEMENT OF OBJECTIVES (SOO)

Note: Every Offeror must propose a detailed Contractor Statement of Work (CSOW) based on the SOO, all other contract requirements, deliverables, and contractor proposed processes contained in the technical volume; The CSOW shall include all tasks to meet the objectives and other requirements and not simply repeat the objective or requirement. Any Offeror who does not include a CSOW in its proposal will be considered non-responsive and unacceptable. The

Indefinite Delivery/Indefinite Quantity (IDIQ) contract will be a four-year base with one two-year option period. The total period of performance is 6 years, plus an additional 6-month extension (if exercised), for a maximum period of performance of 78 months

C.2.1 OVERALL OBJECTIVES

Maritime Administration (MARAD) intends to acquire vessels for service in the Ready Reserve

Force through a services contract with a company. The provider is called a Vessel Acquisition

Manager (VAM) and has experience procuring, re-flagging, re-classifying, modifying, maintaining, and operating vessel(s). The overall objective of the VAM contract is for the

Government acquisition of used vessels, reflagging and adding to the National Defense Reserve

Fleet (NDRF)to fulfill DoD sealift requirements. MARAD will acquire vessels, including used

U.S. or foreign-built vessels, as part of the Department of the Navy’s plan to recapitalize the organic, Government-owned sealift fleet in accordance with the Sealift That the Nation Needs report to Congress. MARAD’s goal is to issue Task Orders to procure ships and separate Task

Orders to maintain and operate during ROS and FOS. The intent of this contract is to exercise the ROS/FOS support CLINs for an interim period until the ship operations and maintenance services transition to the Ship Managers Contract (SMV) or other operations and maintenance method. This will enable the VAM contract vehicle execution to focus on vessel acquisition, re-flagging, re-classification, and vessel modification as much as possible while providing program flexibility for operations and maintenance.

The VAM Services include:

(1) Surveying the used vessel market for vessels that meet the ORD Attachment J-3

Paragraph 5a-h key vessel requirements and/or can be modified to meet the attachment

J-3 Paragraph 5i-o additional vessel requirements.

(2) Perform a screening and selection process of the vessels through various stages culminating in an on-site survey.

(3) Identify the vessel(s) that best meet Baseline Readiness requirements and ORD Key

Vessel Features (Attachment J-3, section 5 a-h);

(4) Produce and provide reports supporting the screening, selection and elimination process with a final Business Case Analysis. The Business Case Analysis (BCA) balances the

ORD performance, material condition of the vessel, maintainability, acquisition cost and life-cycle cost of the vessel as well as other considerations; use this BCA to make a purchase recommendation to the government for approval

(5) Provide vessel purchase services and purchase a vessel (s) titled to MARAD,

(6) Re-flag and Re-Class the vessel, if the vessel selected does not have a U.S. Flag, U.S.

Coast Guard certification, and/or ABS classification;

(7) Complete modifications/upgrades to the selected vessel, as required, to meet Baseline

Readiness requirements and ORD Key Vessel Features in full;

(8) Complete modifications/upgrades to the selected vessel, as required, to meet ORD

Additional Vessel Features (Attachment J-3, section 5 i-o);

(9) At the Government direction and discretion, maintain and operate the vessel during the vessel custodial phase of the acquisition. Operate the Vessel in Reduced Operation

Status 5 days (ROS-5), Full Operating Status, and provide Maintenance and Repair as needed. The intent of Operations and Maintenance Vessel Custodial Services is for the

VAM to provide them for a limited time until the Government provides other means such as via the Ships Manager Contract or other method provided by the Government.

(10) VAM Offerors will identify and propose vessels for procurement from commercial sources that can be classified by the American Bureau of Shipbuilding (ABS) and certificated by U.S. Coast Guard (USCG). Vessels will be assessed for their military utility and be documented as Government-owned vessels for the National Defense

Reserve Fleet (NDRF), Ready Reserve Force (RRF), the U.S. Navy’s Military Sealift

Command (MSC) or any other Department of Defense (DoD) organization as specified.

(11) The VAM will consider, as specified by the Government, available commercial vessels suitable for replacement of any of the forty-six (46) Ready Reserve Force vessels, and multiple Military Sealift Command vessels, as well as any other DOT or DoD-owned vessels identified for recapitalization through a used vessel purchase.

(12) Prior to any purchase through the VAM of either the vessel or upgrades to the vessel, MARAD will provide direction based on VAM recommendations, Government requirements, and resource constraints.

The resulting task orders shall include:

(1) The purchase of a vessels through a sub-contract,

(2) Re-flagging to U.S. Flag, in accordance with the MARAD / USCG MOU dated February

22, 2013 (J-16) and MARAD / ABS MOA dated July 31, 2014 (J-17), re-classification

(as required), upgrade to military utility and baseline readiness,

(3) Provision of integrated logistics support packages, and for the select services required for the agency to perform assessments, including marine surveying, naval architecture

(stability analysis, structural analysis, etc.), marine repair, and inventory and lifecycle management that are needed to complete the vessel acquisition.

(4) The contractor may also be required to provide vessel custodian services. These services include, maintenance, repair, training, berthing, and if required, activation, operation, and deactivation. Custodian will provide this services IAW MARAD, Coast Guard, ABS, and SOLAS requirements.

C.2.2 VESSEL SELECTION

For vessel identification, assessment, prioritization, and selection, the VAM shall:

(1) Consider vessels of a Flag State that is acceptable to the U.S. Government and classified under a reputable IACS organization.

(2) Demonstrate and report how any vessel offered for consideration meets the ORD. This shall include objective qualitative and quantitative information that show ORD requirements are met: such as ramp or cargo gear test certificates and documentation, classification society records, reliability data, machinery history, as well as sea trial data that does not exceed 5-years old, etc.

(3) All analysis and life cycle cost estimates shall account for achieving an additional 25-year service life in an ROS-5 maintenance program from delivery of the vessel to

MARAD. This means that any proposal should consider the cost to maximize service life and include the impact and timing of significant lifecycle cost drivers.

(4) Only consider SOLAS compliant vessels which will be upgraded to also meet both U.S.

Coast Guard regulations and ABS class requirements in accordance with Reflagging

Procedures.

(5) During the on-site survey, the contractor shall accommodate and facilitate Government participation.

(6) The screening process and Business Case Analysis shall consider the requirements of 10

USC Section 2218 (f), as amended by FY19 National Defense Authorization Act, which reads as follows:

SEC. 1021. NATIONAL DEFENSE SEALIFT FUND.

``(3)(A) Notwithstanding the limitations under subsection (c)(1)(E) and paragraph (1), the Secretary of Defense may, as part of a program to recapitalize the Ready Reserve

Force component of the national defense reserve fleet and the Military Sealift Command surge fleet, purchase any used vessel, regardless of where such vessel was constructed if such vessel--

``(i) participated in the Maritime Security Fleet; and

``(ii) is available for purchase at a reasonable cost, as determined by the

Secretary.

``(B) If the Secretary determines that no used vessel meeting the requirements under clauses (i) and (ii) of subparagraph (A) is available, the Secretary may purchase a used vessel comparable to a vessel described in clause

(i) of subparagraph (A), regardless of the source of the vessel or where the vessel was constructed, if such vessel is available for purchase at a reasonable cost, as determined by the Secretary.

Full text is available at https://www.congress.gov/115/plaws/publ91/PLAW-115 publ91.pdf.

(7) Select a vessel or vessel(s), prepare a Business Case Analysis to support the recommended acquisition, considering but not limited to cost, age, material condition, steel integrity, life cycle costs, maintenance history, maintenance needs, upgrade requirements, ability to meet ORD requirements, ability to procure sister vessels/class, and compliance with 10 USC 2218 (f). Delayed availability may also be considered.

(8) Develop upgrade and modification specifications and proposals. Prepare vessel modification packages/specifications and utilize the VAM’s industry acquisition processes to maximize competition amongst U.S. shipyards subject to MARAD approval in accordance with FAR 52.244-2, Subcontract.

(9) Meet the deliverables as prescribed.

C.2.3 VESSEL DELIVERY AND ACCEPTANCE

For vessel acquisition, re-flagging, Re-class, modification, upgrade, delivery and acceptance, the

VAM shall:

(1) Ensure the vessel meets the requirements of the ORD J-3.

(2) Verify that the acquired vessel or vessels be re-flagged, re-classed, and upgraded in accordance with all Federal, state, local and international rules and regulations for its intended purpose.

(3) Demonstrate that the vessel is compliant with all contract requirements before

Government acceptance through testing and inspection.

(4) Manage, administer, and resolve all warranty related and vessel repairs to the satisfaction of the Government for the duration of the applicable warranty periods.

(5) Make certain that the acquired vessel or vessels have an Integrated Logistics Support

(ILS) program utilizing Nautical Systems Enterprise (NS-E), under MARAD’s existing license arrangement, with vessel(s) information including but not limited to: operating manuals, equipment configuration, spare parts, technical manuals, drawing titles and drawings. Documentation shall be adequate to support the vessel’s maintenance, repair, and logistical needs during the vessel’s life cycle.

(6) Attain a SOLAS Statement of Voluntary Compliance and Safety Management

Certificate, including all requisite plans and procedures for the vessel, The Offeror shall attain and maintain a Document of Compliance for the vessel’s intended service.

(7) Deliver the vessel or vessels with a complete Preventive Maintenance Plan for the vessel utilizing NS-E, taking into consideration the average OPTEMPO of the vessel is 97% https://www.congress.gov/115/plaws/publ91/PLAW-115%20publ91.pdf https://www.congress.gov/115/plaws/publ91/PLAW-115%20publ91.pdf

ROS and 3% FOS.

C.2.4. SHIP MANAGEMENT SERVICES

1. Objective of this section is for the contractor to demonstrate their ability to support operations and maintenance of the vessel(s) in Reduced Operating Status (ROS), IAW

J-13 Readiness Categories.

2. Developing a Government-approved Lifecycle Management Plan and Preventative

Maintenance Plan (PMP), Determining deficiencies; Writing specifications; Performing minor repairs; Supervising major repairs performed by subcontractors; Stocking spare parts; Maintaining inventory; Provisioning; Crewing; Testing systems and equipment to ensure compliance with USCG certifications, ABS regulatory requirements, and any other prescribed requirements. Developing the activation and deactivation plans for FOS.

Lay berthing services, meeting MARAD readiness goals.

3. Maintaining and operating the vessel(s) as a vessel custodian. This may include employing a reduced operating status (ROS) crew, conducting preventive maintenance, identifying and accomplishing repairs, and, if required, activating, operating, and deactivating the vessel. The intent is to provide the program contractual flexibility to maintain and operate the vessel until those services can be provided by the Ship Manager

Contract or other means.

SECTION D: Packaging & Marking

D.1 PRESERVATION AND PACKAGING

Offeror shall use commercially reasonable practices for the packaging, preservation, and packing of all Deliverables.

D.2 PACKING MATERIAL

The use of shredded paper (e.g. newspaper, office scrap, computer sheets, wax paper) as packing material for shipment to Government activities is prohibited.

D.3 MARKING REQUIREMENTS

In addition to the complete address of the addressee and complete return address of the sender, each package shall be marked with the contract number, TO number (as applicable), vessel name (as applicable), and name and address of the addressee, on the outside of the packaging container for identification purposes.

[END OF SECTION D]

SECTION E: Inspection & Acceptance

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. Also, the full text of a clause may be accessed electronically at this URL:

https://www.acquisition.gov

Clause Title Date

52.246-2 Inspection of Supplies—Fixed Price Aug-96

52.246-3 Inspection of Supplies—Cost-Reimbursement May-01

52.246-4 Inspection of Services—Fixed Price Aug-96

52.246-5 Inspection of Services—Cost-Reimbursement Apr-84

52.246-16 Responsibility for Supplies Apr-84

E.2 DELEGATION OF INSPECTION AND ACCEPTANCE – (MCL.E-1 AUG 2005)

The Contracting Officer's Representative (COR) shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

E.3 GOVERNMENT INSPECTION AND ACCESS TO SHIPYARD

The Government or any other person authorized by the Contracting Officer has the right at any time during normal business hours to visit the shipyard and inspect the vessel and the

Contractor’s overall performance and work progress to ensure that they meet the requirements of this Contract. If the Government or any other person authorized by the Contracting Officer discovers any non-conformity in construction or material or workmanship, the Contracting

Officer will give the Contractor a notice in writing as to such non-conformity. Upon receipt of such notice from the Contracting Officer, the Contractor shall correct or cause the correction of such non-conformity. At no time and for no reason should the Contractor accept (directly or constructively) any written or unwritten notice of non-conformity from any person other than the

Contracting Officer.

E.4 IMPLICATION OF GOVERNMENT’S ACCEPTANCE, INSPECTION, AND

APPROVAL

The Government’s inspection, acceptance, or approval of services, designs, vessels or other deliverables, which are required under this Contract, shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of the requirements of this Contract; thus, notwithstanding the Government’s inspection, approval, or acceptance, the Contractor shall remain liable to the Government in accordance with this Contract and all applicable laws for the delivery of services, designs, vessels or other deliverables, each of which shall meet all the requirements of this Contract. The Government’s inspection of, presence https://www.acquisition.gov/ at, or observation of a test or trial does not constitute acceptance or approval.

E.5 LIENS AND ENCUMBRANCES

Following payment of the sums due to Contractor by Government hereunder, Contractor agrees to deliver the vessel to the Government free and clear of all liens, claims, encumbrances and rights in rem in favor of Contractor or any workmen, materialmen, subcontractors, lenders, creditors, or others to whom Contractor is responsible, excluding liens, mortgages or encumbrances created by

Government. In the event of the filing or attaching of any lien or encumbrances created or suffered by or through Contractor or any of its subcontractors or suppliers against the vessel before final payment, Government may, but shall not be required to, satisfy the same out of any amount remaining to be paid to Contractor hereunder, without prejudice to the Government’s right to recovery from the Contractor of the full amount expended to discharge any such lien, claim, encumbrance or right in rem. When final payment is to be made under this Contract, as condition precedent thereto, Government may, in its discretion, require that Contractor provide to

Government a statement certifying and indemnifying Government against any liens or rights in rem of any kind of lien against the vessel or its respective machinery, fittings, or equipment which relate to actions of Contractor and excluding any liens or encumbrances created by Government. In addition to and notwithstanding the foregoing, Contractor agrees to indemnify Government and hold it harmless from and against all liens and claims for labor, material, taxes, privileges and licenses arising out of, in connection with, or resulting from the operations or activities of

Contractor, its employees or agents or subcontractors and the employees or agents of their subcontractors, and agrees to defend any such claim asserted or suit brought against Government and/or any vessel and to pay any judgment rendered in any such action, provided, however, that

Government shall have the right, if it so elects, to participate at its own expense in the defense of any such claims or suits, but such participation shall not operate to affect Contractor’s liability and obligation hereunder. The Contractor shall, no more than three months prior to the delivery of the vessel perform searches in the applicable county, state and court registries, including those where liens under the Uniform Commercial Code are filed, to determine whether any tax, financing, materialmen’s or other liens encumber the vessel and associated equipment and deliver copies of such reports to the Government.

E.6 INSPECTION AND ACCEPTANCE DUTIES FOR REIMBURSABLE ITEMS

The VAM is responsible for inspection and acceptance of reimbursable items that the VAM is authorized to procure. Each reimbursable invoice shall be submitted for payment in accordance with the instructions provided in Section G.

E.7 PERFORMANCE QUALITY CONTROL

VAM performance shall be evaluated by the CO throughout the life of the contract. Ship management services which do not meet the minimum quality standards specified in the contract, may be subject to deductions or other remedies. These remedies may include but are not limited to the following:

Re-performance by the VAM, as directed by the CO

Re-performance by the Government, with re-performance costs charged to the VAM.

Reduction in per diem

Partial Termination for default Termination for default

The foregoing shall not be construed as a waiver or modification of any rights available to the

Government under FAR 52.246-2, 52.246-3, or 52.246-4, as incorporated in Section E, nor of any other right or remedy available to the Government.

E.8 QUALITY ASSURANCE SURVEYS AND INSPECTIONS

The Government or persons authorized by the Government shall have the right to inspect, and survey the vessels at any time and at any location after the vessel is titled to the Government, in order to ascertain their material condition, as deemed necessary and appropriate by the

Government.

To the extent accommodation aboard the vessel and regulatory bodies will permit, the

Government shall have the right of assigning personnel aboard the vessel to observe or inspect the performance under the contract.

If, in the opinion of the authorized representative of the Government, deficiencies exist in the material condition or appearance of a vessel resulting from lack of timely or adequate maintenance and repair, or other failure to perform obligations set forth in this contract, a deficiency report can be issued by the CO. Corrections of deficiencies shall be performed at the

Government's option in accordance with the provisions of FAR 52.246-4, Inspection of

Services-Fixed Price, FAR 52.246-5, Inspection of Services-Cost Reimbursable and provided in the provision at Section E.5, Performance Quality Control.

E.9 THIRD PARTY AUDITS

The Government reserves the right to attend third party audits of International Safety

Management (ISM) and other quality assurance approaches. If the Government is unable to attend a third-party audit, it shall be provided a copy of the analysis when it is finalized.

[END OF SECTION E]

SECTION F: Deliveries or Performance

F.1 See Section J of this Contract for the attached list of the deliverables.

F.2 See Section B of this Contract for the delivery schedules and periods of performance.

F.3 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at URL address:

https://www.acquisition.gov

Clause Title Date

52.242-15 Stop-Work Order Aug-89

52.242-17 Government Delay of Work Aug-84

F.4 EFFECTIVE DATE OF AWARD AND PERFORMANCE PERIOD

The effective date of award is the date of the contract execution by the Contracting Officer (CO).

Performance shall commence on the date provided in the Notice to Proceed (NTP). Task orders ordering fixed price and cost reimbursable services will be issued.

The base period of performance ends forty-eight (48) months after contract award. The period of performance may be extended by exercising the one 2-year option period. The total maximum period of performance under this contract, including option, shall not go beyond 72 months, unless specifically authorized by contract modification pursuant to FAR 52.217-8 Option to Extend

Services (Nov 1999), for up to an additional 6 months as incorporated in Section I. This additional option period will be exercised at the sole discretion of the Government.

The performance of Phase-In/Phase Out services may be required beyond the end of the contract performance period, in accordance with the clause entitled "Continuity of Services" (FAR 52.237-3

(Jan 1991)) included herein in Section I.

F.5 EMPLOYEE PERFORMANCE (Applicable to CLINs 0008 and 0009)

If the Government has any reason to be dissatisfied with the performance and conduct of any person employed by the VAM, the VAM shall, upon receiving particulars of the complaints, investigate the matter and take immediate corrective action. The VAM shall immediately notify the

CO of any corrective actions taken. The Government reserves the right to direct the removal of such VAM employee(s). Such removal will be issued in writing by the CO.

F.6 ENGLISH LANGUAGE REQUIREMENT OF ON-SITE SUPERINTENDENT

The VAM's on-site personnel must be able to speak, read and write English for ease of http://www.acquisition.gov/ http://www.acquisition.gov/ communication with Government personnel.

F.7 NOTICE TO PROCEED

The Notice to Proceed (NTP), issued by the CO, shall identify the date for the commencement of performance. Performance under this contract before that date shall be at the VAM's risk and shall not be reimbursed.

F.8 NOTIFICATION OF PHASE STATUS

When the VAM is performing as a vessel custodian, subsequent changes in phase status shall be ordered by the CO via task order or task order modification. No-notice activations are ordered verbally by the MARAD personnel listed in G.19 and later confirmed via task order issued by the

CO. Upon designation or change in phase status, vessels are deemed to be in the designated phase status for the full 24-hour period beginning at 0000 hours on the designated start date.

F.9 PLACE AND METHOD OF DELIVERY OF CONTRACT LINE ITEMS BY THE VAM

When the VAM is performing as a vessel custodian, delivery of services and supplies shall be as specified in the contract or task order. All documentation and data required by Operational Control

(OPCON) during Phase O shall be delivered to the Commander, Military Sealift Command

(COMSC), and a copy shall be sent to the cognizant COR. If Phase O is under MARAD OPCON, not Military Sealift Command (MSC), send reports to the appropriate COR only.

Except where otherwise directed in the contract, all documentation and data shall be delivered to the CO, who shall be designated in Section G of the contract upon award. Place and method of delivery of required deliverables are listed separately in Attachment J-5. Vessel operating limits shall be worldwide.

F.10 TRANSITION OF VESSELS AT END OF PERFORMANCE

The vessels assigned to the VAM as custodian shall be returned to the Government in good order and condition, including any enhancements or improvements, as when placed in RRF Program service except for ordinary wear and tear, other documented legitimate usage and ordinary depreciation, at a port designated by the Government (SMC, C.9.2, and Phase-out, for additional detail).

In accordance with the contract, the vessels shall be surveyed and inventoried by the VAM and verified by the Government to determine their condition and any Government Furnished Property

(GFP) currently on board. Unless an exception is authorized by the CO in writing, the VAM shall be required to return all the Government furnished outfitting, tackle, apparel, supplies, stores, equipment and furnishing or shall be required to replace or reimburse the Government for such items in kind, reasonable wear and tear excepted in accordance with FAR 52.245-1 Government

Property (Jan 2017) as incorporated in Section I.

A vessel shall be deemed returned for the purpose of the contract (i) at such time when the

Government accepts physical custody of the vessel from the VAM; or (ii) if lost, at noon of the day when last heard from; or (iii) from the time and when the vessel is declared a Constructive Total

Loss (meaning that the situation where a loss is inferred or a loss where the cost of repair is not economic) by the CO.

In the event the contract period expires or the Government provides notice of its intent to cancel or terminate this contract in whole or in part as provided in any provision of this contract, the VAM shall continue to perform and shall exercise due diligence to preserve the…