Acquisition Plan USWC LB Cape I Sep 2021.docx

Evaluation Plan

PART I - ACQUISITION BACKGROUND AND OBJECTIVES

A. Statement of Need

The Maritime Administration has held a lease with the Port of Long Beach since 2002 for Pier 15 to moor the CAPE INSCRIPTION and the CAPE ISABEL. The lease expires in April of 2022. MARAD and the Port have been in discussion about a continued lease since 2020. There has been little progress other than the Port stating that MARAD needs to pay commercial per-diem rates, that “free” dockage will end (MARAD was charged $1 per year under the lease). In Aug of 2021, the Port sent an email to MARAD stating they were awarding a contract to a commercial vendor for the “best and high use” evaluation of Pier 15. That does not bode well for MARAD’s continued presence at this Pier. MARAD had sent a proposal for the use of Pier 16 which had become available in 2021. MARAD was not considered for that berth option. As a result a commercial layberth is required to keep the vessel sited IAW TRANSCOM Guidance. The target date is June-July 2022.

The contractor shall demonstrate the technical capability to provide an exclusive long-term safe layberth that meets or exceeds the heavy weather mooring service type III requirements identified in the statement of work which allows for the vessels to remain in port and not sortie for storm avoidance. Once awarded, the successful layberth contractor must maintain the facility in accordance with the requirements.

B. Applicable Conditions

The berth currently used for the CAPE INSCRIPTION and CAPE ISABEL is Pier 15, Port of Long Beach. This lease is expiring, MARAD doubts we will retain the facility under a new lease agreement. As a result, a commercial layberth is required. This will be a new requirement for a location that is already hard pressed for available berths. There is funding in FY22 as MARAD was told by the port that any continuation of the lease would be at commercial rates. The money in the POM will in all likelihood be insufficient to fund the base year of the contract as all known potential berths will require several million dollars in infrastructure improvement. The additional funding will have to come from within the RRF budget.

C. Cost [OUTPORT CONTRACT GROUP]

(i) Life Cycle Costs N/A

(ii) Design-to-cost N/A

(iii) Application of should-cost N/A

D. Capability or Performance

The contractor shall demonstrate the technical capability to provide an exclusive long-term safe layberth that meets or exceeds the heavy weather mooring service type III requirements identified in the statement of work which allows for the vessels to remain in port and not sortie for storm avoidance. Once awarded, the successful layberth contractor must maintain the facility in accordance with the requirements.

E. Delivery or Performance-Period Requirements

The period of performance for the two-ship contract will consist of either a base year and four option years or a base year and 9 option years. The anticipated on-berth date is June -July 2022.

F. Trade-Offs Not applicable to sealed bidding.

G. Risks

(i) Technical: The greatest potential risk would be the inability to secure a facility to meet the requirements. After conducting market research and based on recent bid responses to 2020 USWC solicitations, there does not appear to be any berths on the West Coast that are available and/or ready to accommodate the vessels without substantial pier improvement. Secondly, the risk would be the contractor’s ability to perform as required to have the vessels at the new facility before June-July 2021. It has been readily apparent that supply issues for electrical components has been seriously affected by the economy and COVID.

(ii) Cost: There is no cost associated risk for the Government as the solicitation is Firm Fixed Price. All cost related risks are the Contractors.

(iii) Schedule risks: Scheduling risks are determined by the amount of capital improvement necessary to meet the structural and mooring requirements, the availability of contractors to obtain workers, the availability of materials (in 2020-2021 shortage of lumber, steel, etc); duration to obtain a permit and permit restrictions. As stated in the technical risks, there does not appear to be any berths readily available that can accommodate the vessels being solicited. It is established that barring an unforeseen availability, any facility will require substantial capital improvement most likely involving pile driving and/or dredging. There are only certain windows available to perform this work. There is also the period required to obtain permitting. If the berths are not ready by the required start date, liquidated damages may apply depending upon the reason for the delay. The Port of Long Beach did state that MARAD would be able to hold over on the lease. That duration usually can not exceed six months.

H. Acquisition Streamlining [OUTPORT CONTRACT GROUP]

PART II - PLAN OF ACTION

A. Sources

MAR-612 did not conduct official market research through SAM.gov as MARAD issued layberth solicitations in 2019-2020 and a market survey prior to that. In 2020 MARAD also performed market research by contacting the Ports of Vancouver, WA, Long Beach and Richmond CA, several layberth contractors. There was a common response that anything available will require substantial investment and work. Additionally, a few locations bid over the last 5 years were lost due to the cost of improvement. There were three berths bid in the Portland, OR area but will require dredging, electrical improvement, and pier infrastructure work. A facility was bid in Olympia but can only support one vessel and the channel depth may be insufficient.

B. Competition

This requirement will be synopsized in SAM.gov (formerly Federal Business Opportunity, FedBizOpps.gov) under full and open competition.

C. Contract type selection

The anticipated contract will be a firm-fixed price.

Rationale for the use of Firm-Fixed Price contract: The anticipated contract will be firm-fixed price because the contract requirements are very well-defined thereby reducing performance uncertainties thus rendering the award decision to be based on price.

D. Source-selection procedures

Source selection will be made after technical and financial evaluation. The financial and administrative review will be conducted by the Office of Acquisition. The technical review will be accomplished by the program office MAR-612.

The evaluation plan (Sec M) is attached.

The Contracting Officer will be the Source Selection Official.

E. Acquisition considerations [OUTPORT CONTRACT GROUP]

F. Budgeting and funding

(i) Annual RRF program funding comes from the National Defense Sealift Fund (NDSF) through the Navy Budget Submitting Office. The Maritime Administration’s Resource Management Board (RMB) allots the appropriated funds to the program offices. The Office of Ship Operations, Division of Sealift Operations (MAR-612) as the program office will manage funds for this acquisition.

(ii) An Independent Government Cost Estimate will be prepared for the solicitation based on the market research that any facility will require substantial improvement. The Market Survey, historical and current contract information will be used in the derivation of costs.

G. Product or Service Descriptions [OUTPORT CONTRACT GROUP]

H. Priorities, Allocations, and Allotments {OUTPORT CONTRACT GROUP}

I. Contractor Versus Government Performance [OUTPORT CONTRACT GROUP]

J. Inherently Governmental Functions [OUTPORT CONTRACT GROUP]

K. Management Information Requirements [OUTPORT CONTRACT GROUP]

L. Make or Buy N/A [OUTPORT CONTRACT GROUP]

M. Test and Evaluation

Generally there is no testing required of the contractor. In some instances where the rated capacity of mooring hardware is suspect, the Maritime Administration will request bollard pull testing.

N. Logistics Considerations The layberth contractor requires minimal logistic support. The layberth contractor is responsible for connecting and disconnecting services supplied to the vessel. At most these connect and disconnect cycles require a crane and/or forklift that are easily obtainable. Logistical requirements for the ships are satisfied by the technical requirements which require facilities to be in or near a full service port complex and identification of support activities within a limited geographical area to the vessel.

O. Government-Furnished Property

The Government furnished equipment liability in this solicitation is limited to mooring rope/wire and security camera systems (if installed at a later date). The Government may supply fenders used between nested vessels, but if so provided, a reduction in price is negotiated for the use of the Government equipment.

P. Government-Furnished-Information

Government furnished information is limited to vessel characteristic data found in Sec J of the solicitation, copies of vessel general arrangement drawings (if requested), and wind speeds to be used in the mooring calculations.

Q. Environmental and Energy Conservation Objectives

The contract performance will require a NEPA review to issue a categorical exclusion. This review may range from an in-house review by Code 400 of the USACE cited references to a contracted NEPA analysis. MARAD awarded an IDIQ for NEPA analysis in FY 20. MARAD through the Ship Mangers’ contract manages the agency Environmental and Energy Conservation Objectives.

R. Security Considerations N/A [OUTPORT CONTRACT GROUP]

S. Contract Administration N/A [OUTPORT CONTRACT GROUP]

T. Other Considerations N/A [OUTPORT CONTRACT GROUP]

U. Additional Requirements for Major Systems N/A [OUTPORT CONTRACT GROUP]

V. Additional Requirements for Acquisitions Involving Bundling N/A [OUTPORT CONTRACT GROUP]

W. Additional Requirements for Telecommuting N/A [OUTPORT CONTRACT GROUP] X. Identification of participants in the acquisition process

The following list provides the names and contact information of individuals who participated in the preparation of this Acquisition Process

[ ] Contracting Officer MAR-380, Office of Acquisition @dot.gov 202/366-5211

Mr. James Kahler Technical Official, COR MAR-612, Division of Sealift Operations James.Kahler@dot.gov

(202) 366-5072

Mr. Ricky Coles Technical Official, ACOR MAR-612, Division of Sealift Operations ricky.coles.jr@dot.gov

Y. Attachments to the Acquisition Plan: Evaluation Plan

Z. Milestones for the acquisition cycle:

Receive & Evaluate materials/Code 400 Review/Categorical Exclusion

September 1, 2021 Department of Transportation, Maritime Administration Office of Acquisition, Acquisition Plan

Bidder:

Facility:

Location:

The principal purpose of Part two is to determine if the Bidder is: (1) capable of providing a safe berth in accordance with the statement of work; (2) capable of mooring the vessel(s) in a manner that will result in obtaining an approved heavy weather mooring plan based on the vessels remaining at the dock under all weather conditions and: (3) located in a full port services complex as defined in the statement of work with a reasonable expectation that the services in the port complex can in fact (rather than in name only) be provided to MARAD's vessels. Part two of the survey will be conducted at the proposed berthing facility; the bidder shall make available to Government personnel upon request at the minimum the following items:

1. Independent soundings dated within three months of bid opening date (any extensions to the bid acceptance period requested by the Government extend this time period by an amount equal to the extension time requested by the Government) demonstrating that the water depth is at least 4 feet greater than the deep draft for the vessel(s) bid on, at the NOAA chart datum for the length and breadth of the berth, including area to pull the vessel away from the pier (or vessel if nested) with tugs. If the bidder knows that dredging is required, then the most recent soundings of the facility shall be provided, as well as the permits necessary to perform the dredging. Post dredging multi-beam echo soundings demonstrating compliance are required prior to the commencement of the period of performance.

2. Level 3 Drawings showing the structural design of the berth, as well as pier face and pier apron. Include the intended mooring location of vessel, as well as size, strength, type and location of mooring lines connecting the ship and the mooring facility.

3. Mooring calculations by a Professional Engineer, in accordance with Section C.4.(A)(3), demonstrating that the berth (including mooring fittings) is sufficient to provide safe and secure mooring in winds up to the wind speed specified in Section J for the proposed berth from various points of the compass, while simultaneously experiencing maximum current and wave forces expected at the layberth location (worst case shall be included). The wind requirement in the solicitation is subject to any additional U.S. Coast Guard restrictions. A minimum factor of safety of 2.5 times the maximum calculated force is required for mooring lines and a minimum factor of safety of 5.0 times the maximum calculated force is required for mooring fittings. Optimoor data files to be submitted in addition to the printed calculations.

4. Specifications or Licensed Engineer's calculations demonstrating that the fenders used, and the pier face will be able to withstand forces in C.4.(A)(3) and (8). Location, size and construction of fenders shall be shown on drawing.

5. Bidder shall submit uniform load calculations for the proposed layberth. Bidder shall submit point load calculations for the proposed layberth.

6. Level 3 Drawings of the facility, which delineate location of security fence, access points, lighting and other significant features of the facility.

7. Level 3 Drawings showing the landing platform that will receive the vessel's accommodation ladder.

8. Names of the following services available within the parameters specified in C.4(C): operating commercial ship repair facilities experienced in ship repair services, oily waste disposal and oil containment/clean up.

9. A harbor and/or channel chart, which clearly shows the location of the berth plus the access route from the berth to navigational channel, extending outward to the sea buoy, or pilot station, whichever is farther.

10. A 5-year meteorological profile of the port area providing maximum winds normally encountered; primary seasonal wind directions; tidal range at berth; and maximum anticipated speed and direction of current at the berth as determined by NOAA.

11. Sec C.4.(A)3.(a), (g), and (h) The Coast Guard's review shall include the determination that the proposed use of the facility does not create a navigational hazard, nor are there any other waterway conflicts. The U.S. Coast Guard Captain of the Port understands and acknowledges that due to the vessel's reduced operating status, they cannot be deployed to sail out of the track of any impending heavy weather, that these vessels are intended to stay at the layberth during heavy weather.

12. Basic information on the structure of the pier and facility including but not limited to: construction material above and below water; condition of structure above and below water; length and width of pier; date built/rebuilt; rated safe working capacity of mooring fittings; and height of the pier above waterline at the NOAA chart datum and Mean High Water.

13. Certificate of required casualty, accident and liability insurance coverage, which terms must be acceptable to MARAD prior to start of performance.

14. Sec C.4.(A)(24): Layberth Bidder to provide first responders list with estimated transit times to the layberth, to include local fire-fighting, police and emergency resources for combating a vessel fire or other emergency while moored at the berth.

15. Sec C.4.(C)3.: Bidder shall provide support letters from ship assist tug companies within the port complex that detail callout times and transit times from the home dock to the layberth dock.

16. Sec C.4.(C)3.: The Bidder shall submit a vessel movement plan that addresses the movement of the vessels assigned to the layberth that describes the number and characteristics of the ship-assist tugs (e.g., propulsion type, bollard pull and corresponding horsepower) as determined by the responsible organization for docking/undocking the vessels (e.g., Pilots or Docking Master). The vessel movement plan requires support letters from the Pilot organization and Docking Master, if applicable, describing plans for moving the contracted layberthed vessels singularly and simultaneously in a dead-ship status away from the dock to an anchorage or other berth within the port complex.

17. Sec C.4.(C)4.: Three references of ship operators receiving water-borne bunker barges from fuel loading dock within the port area shall be submitted with the offer.

Section A - Port, Pier, Shoreside Features, and Site Conditions

1. Layberth Port

2. Layberth Pier

3. Shoreside Features

4. Site Conditions

Section B - Access and Security

1. Access

2. Security

Section C - Layberth Services

Section D – Facility Maintenance

Section E - Past Performance/Experience (Note: Firms with no performance history will be given a neutral rating in this factor