DTMA98R20120001-000006.pdf

(x)

DTMA98R20120001

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram 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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20590-0001 Mail Stop W-28-201

00091

1200 New Jersey Avenue, SE

MAR-380

Office of Acquisition U.S. DOT/Maritime Administration

WASHINGTON DC 20590-0001

00091

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

Office of Acquisition MAR-380 U.S. DOT/ Maritime Administration

03/29/2012000006

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

02/13/2012

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 date, 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.)

Ship Manager Services for Three RRF Vessels

SUMMARY OF CHANGES

1. The proposal due date is hereby extended to 1400 hours (2:00 p.m.) ET on April 09, 2012.

2. In general Corporate Experience is eliminated as a separate evaluation factor with implementing revisions at L.5.1, L.8, L.9.f, M.5, M.5.1, M.12.2.1, M.12.2.2, M.12.2.3, and

J.7.

3. Submission Due Dates are adjusted for Mandatory Eligibility Requirements in the table at

Continued ...

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)

Melinda Simmons-Healy

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A 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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

DTMA98R20120001/000006

L.6.1.

4. Revised versions of Sections L and M incorporating all changes due to elimination of Corporate Experience as aa separate evaluation factor as well as those revisions described below are attached.

5. Clarifying language is inserted at L.9.1.a (2) and language is removed at L.9.1.a Note.

6. Clarifying language is inserted at L.9.1.b and L.9.1.f. A new subparagraph is inserted as L.9.1.g.

7. Revisions in language are made at M.2.2 the importance of evaluation factors.

8. M.5 and M.5.1 is deleted.

9. Clarifying language revisions are incorporated at M.6.1.1.

10. A revised MS Word template to be used for Attachment J.7 is attached.

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION L

INSTRUCTIONS, CONDITIONS

AND NOTICES TO BIDDERS

AMENDMENT NO. 000006

SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

General Instructions

1. The selection of a source for award purposes will be conducted utilizing source selection (negotiated) procedures as delineated in FAR Part 15.3, Source Selection. Offers will be evaluated using the criteria under Section M, “Evaluation Factors For Award”. Noncompliance with the Request For Proposal (RFP) requirements may hamper the Government's ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

2. The Offer. The submission of the documentation specified below will constitute the offeror's acceptance of the terms and conditions of the RFP, concurrence with the Performance Work Statement (PWS), and the proposed contract type.

3. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best proposal and prices in their initial proposal submission.

However, IAW FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency IAW FAR Part 15.306 (c)(2).

4. All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

5. Debriefings. The Contracting Officer will promptly notify offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR 15.505. The Contracting Officer will notify unsuccessful offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

L.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

Clause Title Date

52.204-06 Data Universal Numbering System (DUNS) Number April 2008

52.215-01 Instructions to Offerors—Competitive January 2004

L.2 52.216-01 TYPE OF CONTRACT APRIL 1984

a. This is a hybrid Firm-Fixed-Price (FFP)/Cost Reimbursable service contract with priced options for Ship Groups 28 and 29, subject to Service Contract Act (SCA), and Fair Labor Standard Act (FLSA). While the contract includes FAR 52.222-43 - Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009), the "with crew ROS prices" in Section B for all ship groups already include all escalation provided for in the collective bargaining agreements (or program specific supplemental agreements) incorporated into the contract.

b. All items listed in Section B shall be Firm-Fixed-Priced except for those items identified as reimbursable items and identified options. (see also Attachment J-9, Reimbursables)

c. This is a multiple year contract. It is anticipated that the services to be performed hereunder will be incrementally funded for each performance period. Performance periods beyond the first year will be subject to availability of funds.

L.3 52.233-02 SERVICE OF PROTEST SEPTEMBER 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from US Department of Transportation, Maritime Administration (MAR-380).

Ms. Melinda Simmons-Healy Office of Acquisition, (MAR 380) 7737 Hampton Blvd., Bldg. 19, Suite 300 Norfolk, VA 23505 Phone: 757.322.5819 Cell: 757.268.6932

FAX: 757.322.5858

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.4 INQUIRIES

Inquiries and all correspondence concerning this solicitation document shall be submitted electronically via email to the contracting officer Ms. Melinda Simmons-Healy (Melinda.Simmons-Healy@dot.gov).

L.5 PROPOSAL INSTRUCTIONS AND SUBMISSION

L.5.1 GENERAL INSTRUCTIONS

Details for the content to be included in each section of the proposal are provided in Sections L.7 through L.12. However, proposals submitted in response to this Solicitation must be prepared as follows: Unless indicated otherwise, the offeror's written responses shall be assumed to address all vessels within Ship Groups 28 and 29 on which the offeror is proposing.

Technical/Management, Past Performance, and Price sections below have specific questions.

Narratives may be complimented by attachments (charts, flow diagrams, etc.); however, offerors shall ensure, through appropriate numbering or nomenclature that each attachment is associated with the offeror's specific response to which it applies.

Documents submitted as part of the offeror’s response must be in a Microsoft (MS) Office program format (e.g., Word, Excel, Project, PowerPoint, etc. (v. 2007 or higher) or Adobe Acrobat PDF format (v. 9 or higher).

For all methodologies requested throughout Section L sub-factors, the offeror shall identify any perceived risks and how the risk will be mitigated.

Offerors shall ensure that responses carefully and clearly point out differences in approach if any part of the approach changes depending on the ship group and/or type.

L.5.2 PROPOSAL SUBMISSION

Proposals submitted in response to this Solicitation shall be submitted electronically to Sabrina Phillips (Email Sabrina.Phillips@dot.gov).

Proposals must be submitted by the date and time specified in block 9 of the SF 33.

(see FAR 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)).

Offerors are encouraged to carefully read and follow the proposal submission instructions outlined below.

The Government will evaluate proposals submitted in accordance with the criteria established in Section M of this Solicitation.

Attention is called to FAR 52.215-1 (f) wherein the following language is stated:

The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

If discussions are held and proposal revisions are requested, the revisions must be submitted electronically to the same address as the proposal. The Government reserves the right to reject any proposal if any data submitted with a revision is inadequate to establish the acceptability of the revised offer. Any revision received after the closing time and date specified will be considered a late offer in accordance with

FAR 15.208.

Offerors are reminded they must still mark their submissions in accordance with 52.215- 1 - Instructions to Offerors - Competitive Acquisition (Jan 2004), paragraph (e) Restriction on disclosure and use of data.

L.6 PART 1 MANDATORY ELIGIBILITY REQUIREMENTS

L.6.1 Offerors must submit documentation adequate for the Government to clearly discern compliance with the mandatory eligibility requirement for this acquisition. Note:

Portions of the information required in Part 1 also may be required in Part 2; however, the Government will evaluate Part 1 separately so the information must be provided in both parts. Offerors must meet the following Mandatory Eligibility Requirements in order for its proposal to be considered for award.

Mandatory Eligibility Requirement Submission Due Date

Compliance Date

(MARAD

Determination)

U.S. Citizenship requirement (see Section L.6.2.1)

April 9, 2012 May 15, 2012

Vessel Owner/Operator (see Section L.6.2.2)

April 9, 2012 April 9, 2012

Minimum Working Capital (see Section L.6.2.3)

April 9, 2012 May 15, 2012

L.6.2 MANDATORY ELIGIBILITY REQUIREMENTS:

L.6.2.1 United States Citizenship requirement.

Offeror must submit documentation which demonstrates it is a citizen of the United States as required by M.3.1.1, including:

a. Section K.15, Affidavit of United States Citizenship. Offerors are required to use the format in K.15 for the Affidavit, not the Affidavit used for other agency programs or an annual updates submitted for other vessels managed under the RRF program.

b. Supporting documentation - The following supporting documentation shall be submitted with the K.15 Affidavit:

i. An offeror which is a corporation shall submit copies of its Articles of Incorporation and By Laws.

ii. An LLC shall submit copies of its Articles of Organization and its Operating Agreement.

c. Accompanying certification - All supporting documents (see b. above) shall be accompanied by a certification attesting to the accuracy of those documents executed by either the Secretary of the State in which the offeror is incorporated or by an Officer of the company or other legal entity authorized to execute such certification.

d. The Affidavit (subparagraph a.) and the accompanying certification (subparagraph c.) submitted by the offeror shall be executed on or before the Submission Due Date stated in the table under L.6.1 and shall attest to the accuracy and currency of both as of the date of execution.

L.6.2.1.1 Documentation shall be consistent with the requirements of 46 C.F.R. Part 355, except for the use of the K.15 Affidavit. The Offeror is required to submit the above documentation for itself and each parent company, at every tier of ownership. Affidavits, certifications and documentation submitted for this solicitation and for other agency programs, provided such affidavits and certifications are executed on or before March 13, 2012, will be accepted for establishing compliance with this requirement.

L.6.1.1.2 The Offeror shall submit promptly to the PCO any changes in the information set forth in its current Affidavit of United States Citizenship and other documents submitted in connection with establishing the U. S. Citizenship of the Offeror.

(Reminder: the regulation, implemented in clause H.16, requires the awardee remain a U.S. Citizen throughout the contract performance period.)

L.6.2.2 Vessel Owner/Operator

Offerors must be operators or owner/operators within the past five (5) years of at least one (1) self-propelled vessels, or Integrated Tug/Barge, of at least 450'LLWL, with a minimum cargo capacity of 7,500 DWTs or a Tanker of at least 25,000 DWTs. Offerors must complete Section K.19, Certification of Vessel Owner/Operator, listing name, size, and registry of vessel meeting this requirement and include this list in its Part 1 proposal submission.

L.6.2.3 Minimum Working Capital

L.6.2.3.1 Offerors must provide a Dedicated Line of Credit or evidence of a binding commitment from a federally insured bank to issue a Dedicated Line of Credit of $350,000.00 per vessel in an amount equal to the number of vessels the offeror is seeking award of under this solicitation for ten vessels. The specific requirements for the Dedicated Line of Credit are detailed in Section G.10 Dedicated Line of Credit. If a Dedicated Line of Credit is provided, it may include language which revokes the Line of

Credit if the offeror is not awarded a contract under this solicitation. NOTE: Per Section G.10, the awardee is required to submit the actual Dedicated Line of Credit for $350,000 per ship awarded within 10 day of award. The Line of Credit shall be irrevocable for the life of the contract.

L.6.2.3.2 Offerors may propose the Alternative discussed in G.10.2 in lieu of the Dedicated Line of Credit. Under the alternative in G.10.2 the offeror must be able to demonstrate it "has sufficient financial resources to meet the $350,000.00 per ship financial requirement" to MARAD's satisfaction or provide an acceptable Dedicated Line of Credit before the Compliance Date in L.6.1. To receive MARAD approval for this alternative, a firm must submit a current audited financial statement of the firm or the parent, as appropriate. MARAD's analysis of any proposal including a G.10.2 Alternate financial submission will consider that firm's financial resources, including its financial obligations under the equivalent clause in any current ship manager contracts, to meet the $350K per ship financial requirement for the ships proposed.

L.7 PART 2 TECHNICAL/MANAGEMENT PROPOSAL

OVERVIEW:

Successful performance under this contract demands an integration of technical capability and management expertise with emphasis on quality assurance and cost management. This is a performance-based service contract (PBSC.) As such, offeror’s proposals must clearly state their methodology for the accomplishment of each of the six (6) overall performance goals:

1. Responsive, high-quality execution of fleet maintenance requirements.

2. Success in performing or supporting core RRF requirements.

3. No adverse impacts on the environment while promoting environmental stewardship through conservation, monitoring, and reporting, and adherence to safety standards and sound security practices.

4. Ability to adequately crew the ship with qualified marine personnel.

5. Comply with Government and company policies, procedures, and practices.

6. Effectively manage and control costs.

This includes how tasks in subparagraphs will be accomplished. Portions of each offeror's proposal will be incorporated into the resulting contract. Offerors must address each subfactor and each subparagraph. All information requested in Section L is required for submission of a complete proposal.

L.7.1 Joint Ventures/Teaming Partners/Major Subcontractors.

Clearly define the duties and responsibilities of each party of the venture, authority and communication between and among the parties, and methodology for supervising work performed. State, the individual in the Joint Venture will have the authority to sign and bind the JV. Provide the same information for any Teaming Partner(s) or major subcontractors. Provide a copy of any Joint Venture Agreement and/or Teaming

Agreement(s). The Agreement must provide that it is effective for the entire period of performance of the multiple year contract.

L.7.2 FACTOR 1 - TECHNICAL/MANAGEMENT

The Technical/Management Factor will address the offeror's understanding of, thoroughness in addressing, and stated methodology to accomplish each of the performance requirement identified with the Performance Work Statement (PWS) that are related to the performance goal (elements).

L.7.2.1 Subfactor A - Maintenance Management and Logistics Goal - Responsive, high-quality execution of fleet maintenance requirements.

L.7.2.1.1 Describe your management methodology, technical capability, qualifications, and experience in the maintenance and repair of ocean-going vessels.

L.7.2.1.2 Provide your methodology to provide port engineering services for the ship group. This includes any teaming arrangements or subcontracts for these services.

Clearly specify composition of team, education/experience, supervision, quality assurance, and program management of the team inclusive of corporate support elements. Clearly identify where any team member, inclusive of corporate elements and supervisors, have collateral duties outside their responsibilities toward this proposal.

L.7.2.1.3 Provide your approach to developing the Business Plan and executing an annual work plan as described in Section C and TE-3, its development and execution, as related to the performance of scheduled requirements inclusive of scheduled regulatory surveys, inspections and preventative maintenance, funded corrective maintenance and repairs, estimating costs of unknown repairs, maintenance activation/sea trials, etc.

L.7.2.1.4 Consider each vessel in Phase M. Describe where you, as the Ship Manager, foresee areas of risk and its corresponding mitigation, both in terms of performance and cost, relative to the following:

a. Maintaining Readiness

b. Continuity and Scheduling of Preventative Maintenance

c. Performance of Corrective Maintenance and Repairs

d. Execution of the Business Plan

L.7.2.1.5 For each vessel in the group provide an excel spreadsheet attachment depicting the number and ratings in each crewmember in ROS and in FOS. Explain how each rating will support the readiness of the ship specific to the ship type. Where ships are co-located identify where crewmembers differ by ship or positions are shared across the ship group. Discuss any impacts that would be attributable to PMP or Business Plan and what corrective measures would be necessary if one of the co-located vessels is activated.

Note: Minimum ROS crew for an RRF vessel is 10 of which the Chief Engineer, Chief Mate, Bosun, and 1st AE are required. Other positions are up to the offeror. Maximum ROS crew size and composition is your decision.

L.7.2.1.6 Explain your experience using ABS NS-5 software or similar ship management systems.

L.7.2.1.7 Explain your methodology with respect to Preventative Maintenance/Conditioning Monitoring (PM/CM) in support of continuous machinery survey and the readiness of MARAD ROS vessels.

L.7.2.1.8 Government Requirements may change over time. Offerors are required to provide an RRF-10 CLIN applicable to the vessels in the ship group even though ships may not be scheduled for RRF-10. Ships in RRF-10 would be laid up at the National Defense Reserve Fleet sites closest to where they are currently berthed. The Ship Manager is responsible for maintenance and readiness. The CLIN should be all inclusive.

Your proposal should address:

- Your methodology for a total maintenance/activation/deactivation program for RRF-10 vessels inclusive of providing a crew which will require training upon call-up. Factor in courses, time, and training methodology. Creative approaches are encouraged.

- How PMP maintenance will be performed (who does it, is cost included in your proposal) how frequently, special requirements (use of barge, security).

L.7.2.1.9 Describe at least one (1) example where your company's vessel maintenance management methodology, technical and logistic capabilities were instrumental in providing superior ship management yielding the best possible outcome at the best possible cost.

L.7.2.1.10 Explain your intended procedures for performing the tasks associated with conducting and documenting vessel turnover(s) upon at Management Phase-in at NTP and Management Phase-out upon contract completion.

The Phase-In and Phase-out Plans shall provide procedures demonstrating the offeror’s ability to ensure seamless transition with no loss of services to the government.

The Phase-In/Out Plans shall illustrate the offeror’s proposed processes with emphasis on the offeror’s ability to identify potential problem areas and present a sound strategy for corrective action. The offeror shall provide a timeline of all required tasks within the required 30 days (C.2.5).

L.7.2.1.11 Describe how you will integrate MARAD logistic policies and procedures into your company's policies and procedures for managing property control. Specifically address the management of repair parts inventory for maintenance, controlled material and equipage, and equipment configuration control.

L.7.2.1.12 Provide where you, as the Ship Manager, foresee areas of risk and how you proposed to mitigate it, both in terms of performance and cost, relative to the following:

a. Spare Parts Inventory Management

b. Maintaining Vessel Equipment Configuration

c. Maintaining Currency of Vessel Drawings and Technical Manuals

L.7.3.1 Subfactor B - Activation, Operations, And Deactivation Goals - Success in performing or supporting core RRF requirements

L.7.3.1.1 Describe how you, as the entire Ship Manager organization, would handle a mass activation of any Government owned ship, under your management, inclusive of the all personnel to be involved, and their roles. Identify the critical elements of multiple activations and the areas of risk/mitigation associated with their accomplishment.

Include how you would manage the risks involved with a mass activation beyond your assigned vessels (i.e. competition for labor, tech vendors, tugs/pilots, etc.).

L.7.3.1.2 Discuss your capability and experience towards accomplishing ships business and repairs overseas. What challenges and risks do you foresee in doing this with Government ships and how would you mitigate it in today's global political environment?

L.7.3.1.3 How do you apply your ISM policy and procedures at the shipboard level during activations and operations? Explain the impacts that this has on the activation schedule and how you would mitigate them.

L.7.3.1.4 What guidelines and policies are applied to ensure operating (Phase O) budgets are adhered to?

L.7.3.1.5 Provide as a listing of all vessels owned and/or operated or managed (operated) within the past five (5) years. Specify your role - example "manning agent".

Include the following minimum information:

Name of Vessel Type/Description of Vessel Operational Period(s) (liner, weekly; charters and dates) Service (Trade/Route/Geographical Area) Role: "full management services," "manning" If no longer managed by the offeror, explain why

L.7.4.1 Subfactor C - Safety, Environmental, Security Goals - No adverse impacts on the environment and adherence to safety standards and sound security practices.

L.7.4.1.1 Explain your timeline for having both ISM DOC and SMC for the ship type proposed. Account for interim DOCs, experience in obtaining an SMC and how it will be applied to obtaining new ones. Provide a copy of any SMC certification held.

L.7.4.1.2 Explain your approach for providing the required internal vessel security on a 24/7 basis while at an outport (layberth).

L.7.4.1.3 Describe any past corporate experience in the preparation of and compliance with the following type plans/documents:

a. Vessel Security Plan

b. Shipboard Waste Management Plan

c. Vessel General Permits

d. Heavy Weather Mooring Plan

L.7.4.1.4 Describe a specific incident, which demonstrated your company's ability to rapidly respond and effectively mitigate potentially serious damage to the environment or mitigate a serious threat to the security of the vessel and/or its crew. Describe also any follow-on investigation, root cause analysis, and implementation of lessons learned.

Real world incidents may be used as examples.

L.7.4.1.5 Describe your approach and methodology regarding delegation of responsibilities for and training of staff members inclusive of port engineers in the areas of Safety, Environment, and Security. Identify any differences between vessels in Phase M and Phase O.

L.7.4.1.6 Identify any environmental or safety violations and/or fines (Federal, state, or local); or incidents reported to Insurance P&I clubs within the past three (3) years.

Describe any safety or environmental awards issued by your company or received from a third party source within the past three (3) years.

L.7.4.1.7 Describe innovative techniques or results your company achieved in instituting requirements of the Clean Water Act, Clean Air Act and compliance with other Governmental environmental regulations. How do you propose to achieve the environmental requirements of the RFP?

L.7.4.1.8 Identify the date of the most recent third party audit of your ISM Certification including the name of the auditing party. Provide a narrative description of the results of the audit. Identify the next scheduled date of third party audit.

L.7.5.1 Subfactor D - Human Resources Goal - Explain your ability to adequately crew the ship with qualified marine personnel.

L.7.5.1.1 Explain the role of ROS crew members and Corporate staff, in both Phase M and Phase O, in the performance of the requirements of the Section C as related to:

a. Maintenance Management

b. Logistics Management

c. On-Board Training - shared training

d. Vessel Security

e. Communications

f. Medical Services

L.7.5.1.2 Describe practices and procedures to be used to ensure continuity of services during Phases M and O while adequately providing the time required for normal staff and crew rotations for additional experience or training, sick leave, vacation time, non-working hours, etc.

L.7.5.1.3 Explain the role of the Corporate and Port Engineering staff and, as applicable, their interaction with either the ROS crew, contractors, or NDRF fleet personnel in the execution of the Business plan as related to the following:

a. Phase M (Preventative and Corrective Maintenance and Repairs)

b. Activation

c. Deactivation

L.7.5.1.5 Explain your approach and methodology for ensuring the ROS crew members have and remain current in licensing and/or mariner documentation. Address your policies towards training and vacation time taken together.

L.7.5.1.6 Provide a list of negotiated bargaining agreements inclusive of incorporated RRF clauses. Specifically cite appropriate clauses/page references for:

a. Second Seaman's Insurance

b. War Risk Bonus

c. Imminent Danger Bonus

L.7.5.1.7 Submit an organizational diagram including:

Parent Corporation The offeror (if different) Affiliated Corporations (if different from offeror) Major subcontractors, including Port Engineer, personnel management firms, etc., if applicable.

Identify any business element or department that is a shared responsibility between the offeror and a sister company (i.e. crewing departments) Include diagrams for joint ventures or teaming partners depicting the relationship with a partnership or supporting company.

(NOTE: although not directly evaluated, this subparagraph and the chart for the subparagraph L.7.5.1.8 are used as part of the technical evaluation of the reasonableness of the offeror's methodology for every subfactor.)

L.7.5.1.8 Submit an organizational diagram* of the offeror - include names of personnel who will be performing these functions and identify whether they are employees of the offeror, employees of subcontractors or teaming partners, or independent contractor employees.

President Department Heads, Vice-Presidents/Officers as applicable Management POC who will hold authority to resolve SMC issues and commit company.

ISM designated POC with authority to halt unsafe practices RRF Program Manager

Quality Assurance Operations Engineering Port Engineers Purchasing/Acquisition Logistics Finance/Accounting Marine Personnel Marine Claims Safety office Environmental Security officer/facilities clearance coordinator Classified Materials Manager if different from above Identify any collateral duties of specific personnel beyond potential awards under this contract.

* You are not limited to the above titles which are provided as a sample. Substitute equivalent tiles if necessary.

(NOTE: although not directly evaluated, this subparagraph and the chart for the subparagraph L.7.5.1.8 are used as part of the technical evaluation of the reasonableness of the offeror's methodology for every subfactor.)

L.7.6.1 Subfactor E - Business Management Goal - Comply with Government and company policies, procedures, and practices.

L.7.6.1.1 Indicate whether it is the offeror's intent, if awarded contract(s) from this RFP, to utilize the purchasing module included in NS-5 as your primary purchasing system. If not, describe the corporate system to be used in documenting and tracking invoices and associating subcontractor/vendor invoices with MARAD issued task orders. Explain the approach and methodology to be used to ensure the timely payment of subcontractor invoices and the expeditious close-out of MARAD issued task orders. [Explain how you ARE going to use it.]

L.7.6.1.2 Describe the current corporate commercial purchasing system (procedures) associated with the acquisition of goods and services. Briefly describe the results of any independent third party audit/review of the purchasing system within the past three (3) years. Describe any interfaces, controls, and methodology for data validation with the purchasing system.

L.7.6.1.3 Describe the topic areas which your Quality Assurance Plan will address.

Provide information, as applicable, relative to third party auditing of corporate documentation, policies and practices as related to the Quality Assurance Plan. Who does what type of audit and at what frequency? What staff is trained as internal auditors?

L.7.6.1.4 Provide at least one (1) example, of corporate action taken to address a non-compliance or discrepancy with the practices and procedures of the Quality Assurance Plan.

L.7.7.1 Subfactor F - Financial Management Goal - effectively manage and control costs.

L.7.7.1.1 Explain the approach and methods to be used in containing costs associated with each of the following:

a. Claims for Personnel Injury

b. Operational Overtime

c. Claims for Property Damage

d. ROS overtime

L.7.7.1.2 Describe any corporate processes and/or systems that are intended to be used to plan, document and track crew hours including discretionary operational overtime.

L.7.7.1.3 For the past five (5) years identify the dollar value by fleet, on a yearly basis, the following costs incurred in terms of each fleet (commercial, MSC, and MARAD vessels)

a. Claims for Personnel Injury

b. Claims for Property Damage

c. Maintenance and Cure

d. ROS Overtime incurred with COTR permission

L.7.7.1.4 Describe the current corporate accounting system. Indicate the results of any third party audit of the system within the past three (3) years. Provide a brief description of the results.

L.8 DELETED

L.9 PART 3 PAST PERFORMANCE

L.9.1 Past Performance Information Data Proposal Format

a. Contents. The offeror shall submit Past Performance Information Data as follows:

(1) Summary page describing the role of the offeror and each subcontractor, teaming partner, and/or joint venture partner that the offeror is required to provide Past Performance Information data on in accordance with paragraph b. below.

(2) Relevant Experience and Performance Information Data in accordance with Attachment J-7, (See paragraphs b. and c. below)

(3) Consent Letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information so the offeror can respond to such information.

(4) Client Authorization Letters for each identified effort for a commercial customer authorizing release to the Government of requested information on the offeror's performance.

(5) Organization Structure Change History - See paragraph f. below.

Note: IT IS NOT NECESSARY TO REQUEST PERFORMANCE DATA FROM MARAD UNDER MARAD SHIP MANAGER CONTRACTS. The past performance evaluation team has access to this.

b. Past Performance Information Data. Submit information on contracts you consider most relevant in demonstrating your ability to perform the proposed effort. The offeror shall submit Performance Information Data in accordance with the format contained in Attachment J-7. This information is required on the offeror and subcontractors, teaming partners, and/or joint venture partners proposed to perform 50% of the proposed effort based on the total proposed price, or perform aspects of the effort the offeror considers critical to overall successful performance. The offeror shall provide no more than five(5) Performance References identifying active or completed contracts, either Government or commercial, for each prime, teaming partner, and/or joint venture partner (within the same division or cost center) and no more than five (5) Performance References for each major or critical subcontractor. Each contract counts as one past performance reference. Each relevant contract shall have been performed during the past four (4) years from the date of issuance of this Solicitation. The Government will use data provided by each offeror and data obtained from other sources in the evaluation of past performance.

c. Relevant Contracts. Submit information on contracts that you consider relevant in demonstrating your ability to perform the proposed effort. Include rationale supporting your assertion of relevance. For a description of the characteristics or aspects the Government will consider in determining relevance, see Section M.6.1.2). Note that the Government generally will not consider performance on an effort that concluded more than four (4) years prior to the issuance date of this Solicitation.

Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate.

Past performance information and its relevance must be addressed in the following areas:

1. Quality of service

2. Cost Control

3. Problems and resolutions

4. Timeliness and responsiveness of performance

5. Commitment to customer satisfaction

6. Quality awards and certifications

7. Compliance with subcontracting goals for small disadvantaged businesses

d. Specific Content. Offerors are permitted to provide information on problems encountered on the identified contracts and the offeror's corrective actions, as well as past efforts to identify and manage program risk. Past performance information may include the experience of predecessor companies, key employees, or permanent subcontractors; however, such information shall be specifically identified as to the source.

e. Organizational Structure Change History. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant present or past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition.

To facilitate this relevancy determination, include in this proposal section a "roadmap" describing all such changes in the organization of your company. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation/performance confidence assessment. Since the Government intends to consider present and past performance information provided by other sources, as well as that provided by the offeror(s), your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

f. Questionnaires. The Government will request the Points of Contact (POCs) of the references to complete Relevant Experience and Past Performance Questionnaires, J.7, to each of identified reference in the Past Performance Section of your proposal.

Questionnaires are completed by the POCs of the reference, not the offeror. If adverse past performance information is provided, the reference should identify whether or not the offeror received an opportunity to respond to that adverse information and request that response.

g. Describe up to four (4) of its most relevant contracts or efforts within the past four years, and provide any other information the offeror considers relevant to the undertaking represented by the requirements of the solicitation.

L.10 PART 4 PRICE PROPOSAL, REPRESENTATIONS AND CERTIFICATIONS

AND SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS PLANS

L.10.1 Definition. (for purposes of this section)

Fully Burdened: includes wages and benefits, vacation, pension, welfare, any other mandatory contributions, and payroll taxes. Overhead, G&A, material handling and profit are added to this price for the fixed price portion of the contract, BUT are not to be priced in for reimbursable CLINs.

SCA Wages: includes wages and bona-fide fringe benefits, vacation, pension, welfare, any other mandatory contributions, and payroll taxes required by the Service Contract Act, the current DOL Wage Determination and applicable DOL regulations.

L.10.2 General

L.10.2.1 Offerors are required to propose prices for all ships in the ship group in Section B.

Prices proposed in Section B (Attachment J15 – Pricing Sheet) shall be for the award of the full ship group. All of the CLINs for the ship group must be addressed except for Contract Line Item Numbers having SubCLIN AE (cost reimbursable items). Only Daily Rate pricing is to be entered on the Pricing Sheet.

L.10.2.2 Ships currently in one readiness status (such as ROS-5) may change to another readiness status (such as RRF-10) during the course of the contract. Any change to the readiness level of these vessels will be a specific contract modification issued by the PCO addressing changes in the contract daily rate.

L.10.2.3 Ships may also change berth (outport) locations during the life of the contract.

Specific contract modifications will be issued by the PCO to address changes in cost.

L.10.2.4 TE-4 provides readiness requirements as known to MARAD at time of the RFP.

There may be changes throughout the period of performance.

L.10.2.5 Reserved.

L.10.2.6 Provide a copy of the most recent six or twelve (12) months as appropriate independent audit of the entity.

L.10.2.7 SF-33: Offerors must complete Blocks 13-18. Receipt of all amendments must be indicated in Block 14.

L.10.2.8 Section K Representations: Offerors must complete all Certifications in Section K of this Solicitation.

L.10.3 PRICING INFORMATION

L.10.3.1 Fixed Price per diem CLIN's shall be paid at the per diem rate set forth for the CLIN in Section B. The proposed per diem rate shall include all personnel salaries and wages applicable to the headquarters and field employees, fringe benefits, travel and lodging expenses, (except where specifically noted as reimbursable). This per diem rate shall include corporate overheads, facilities, materials and handling charges, G&A costs, and profit, as required for the successful completion of the duties of a Ship Manager as described in the PWS for the applicable CLIN. A listing of reimbursable expenses is provided in Attachment J-9.

Services performed under this contract are subject to the DOL's Wage Determinations in Attachment J-1. The Ship Manager, by acceptance of this contract, agrees to pay the minimum wage and fringe benefits set forth in that wage determination. The Wage Determination in Attachment J-1 applies to crews on ships within United States waters.

L.10.3.2 Section B CLIN with crew costs.

L.10.3.2.1 Factor into fixed price for all years, the cost of shipboard replacement personnel, and coordinate rotation of ROS crew to permit currency of applicable licensing and merchant mariner documentation requirements. Crew wages for the ROS crew, in accordance with the wage determination, will be included in the applicable fixed price per diem rates.

L.10.3.2.2 Reimbursable crew wages (FOS rates) shall not exceed the current commercial market wage rate including overtime and fringe benefits for equivalent job categories.

L.10.3.2.3 Wage Determination

The DOL wage determination, WD 1998-0298, Revision 14, dated February, 2012, is attached as Attachment J1. Copies of all CBAs presently applicable to the three CAPE H vessels are included in Attachment J19.

L.10.3.2.3.1 ROS (with crew) - CLINs having Sub-ITEM AA

L.10.3.2.3.1.1 Include all wages and fringe benefits (SCA Wages) for the ROS crew in fixed price per diem CLINS with ROS Crews. Each year's per diem rates for Phase M with ROS crew CLINs shall include in the fixed price all escalation of SCA Wages included in the CBA submitted with the offeror's proposal. Include in the fixed price the cost of shipboard replacement personnel and rotation of ROS crew to permit currency in STCW-95 or predecessor contract requirements.

L.10.3.2.3.1.2 ROS crew members are service employees subject to the Service Contract Act of 1965, as amended, which requires that successor contractors performing on contracts for substantially the same services must pay wages and fringe benefits (including accrued wages and benefits and prospective increases) at least equal to those contained in any bona fide collective bargaining agreement entered into under the predecessor contract. The per diem wages and fringe benefits of the ROS crew shall be spread over seven (7) days even when unlicensed crew members are paid five (5) days a week.

L.10.3.2.3.1.3 The wages and fringe benefits from the incumbent contractors' CBAs should be incorporated into the contract as the minimum wage via a wage determination issued by the DOL.

L.10.3.3 CBAs and Per Diem Rate for ROS and FOS

L.10.3.3.1 Collective Bargaining Agreements (CBAs): Offerors shall provide executed copies of the most recent CBAs or hiring agreement/contracts negotiated with each labor union representing crew members who will perform under this Contract. CBAs or hiring agreements submitted must be valid for the entire contract period of performance.

Offerors will replace these agreements when they are renewed or changed as necessary throughout the performance period of the contract. In the case of non-union labor, provide and explain the labor rates of crew personnel employed on the proposed vessels.

L.10.3.3.2 In addition to the wages and fringe benefits included in the CBA, the offeror shall provide a fully burdened per day rate for each kind of crew member in ROS, inclusive of all wages and bona fide fringe benefits. The per diem wages and fringe benefits shall be spread over seven (7) days even when unlicensed crew members are paid five (5) days a week. This rate will be used during contract performance for per diem reductions based on gapped billets and other wage based per diem adjustments.

L.10.3.3.3 FOS Price Information: For reconciliation of reimbursable FOS crew wages during the course of the contract, provide a schedule showing the FOS wage and benefits for each job category or position available through CBAs, labor agreements, or hiring contracts. The rate shall encompass all wages, vacation, pension, welfare or other mandatory contributions and payroll taxes. Since it is a reimbursable, do not include overhead, G&A, material handling charges or profit. The schedule shall also clearly delineate the overtime rates attributable to each position.

L.10.4 SMALL AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING

PLAN.

L.10.4.1 This information is only required from offerors who are large businesses. Large business firms shall include their Small and Small Disadvantaged Business Subcontracting Plan as required by FAR 52.219-9 (see Section I). For this acquisition, a firm qualifies as a large business if it employs more than 500 people.

L.10.4.2 Small businesses need not submit this information; however, offerors must clearly indicate their size status and complete and submit the Small Business Certifications in Section K.3 of this Solicitation.

L.11 LIMITATIONS ON AWARD

L.11.1 The number of vessels an offeror will be awarded under this procurement will not exceed a maximum of 12 vessels, inclusive of RRF vessels, inclusive of RRF vessels currently managed by that offeror under the ship manager contracts awarded in 2005 and 2011. See Section M.8.

L.11.2 If two or more offerors are affiliates, each offeror will be considered as a separate business entity for the purposes of the 12 ship limitation provided that offeror is structured to perform as a separate business entity. "Affiliates" means associated business concerns or individuals if, directly or indirectly, (a) either one controls or can control the other or (b) a third party controls or can control both. (FAR 2.101)

L.11.2.1 For the purposes of this contract, an offeror may be a single firm, or in circumstances where an organization is structured to perform as more than one business entity, awards may be made to each entity (offeror) in that organization provided each entity submits separate proposals meeting all conditions set forth below.

L.11.2.2 Offeror must certify in Section K.17 that it is a separate business entity for purposes of award consideration of the initial 12 ships maximum.

L.11.2.3 An offeror will be considered a…