M6845025QG003 Palau Freight Transportation Arrangement.pdf

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1ST EXPEDITIONARY CONTRACTING PLATOON

MARINE CHARTER

PREAMBLE

1. This Request for Quote (RFQ) is a solicitation for offers to perform a Charter Party (the “Contract” or the “Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and Parts VI through XVI.

3. The signature of the Contracting Officer on SF1449 signifies acceptance of the Contractor’s quote and award of the Charter. The SF 1449 and Parts VI through XII contain in full all of the amendments, references, responses, deletions, additions, and interlineations made by both parties to the RFQ and the quote as of the Charter Party date.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

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TABLE OF CONTENTS

PART

I. REQUEST FOR QUOTE

II. PERFORMANCE WORK STATEMENT

III. DRYVOY BOXES

IV. INSTRUCTIONS TO OFFERORS

V. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a))

VI. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED BY FAR

VII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED BY

DFARS

VIII. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a))

IX. DRY CARGO VOYAGE TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

X. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO

DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS

XI. ADDITIONAL FAR, DFARS AND MSC CLAUSES

XII. ATTACHMENTS – DRY CARGO VOYAGE CHARTER

PART I. REQUEST FOR QUOTE

RFQ/Solicitation Number: M6845025QG003 PROJECT: Palau, Freight Transportation Arrangement RFQ CLOSE: 27 November 2024, 23:59 (UTC+9)(Palau Local Time)

RDD/ PERIOD OF PERFORMANCE: 4 December 2024 through 4 January 2025

1. This is a Request for Quote. This is NOT an order. This document is not legally binding and does not commit the US Government in anyway. The NAICS for this requirement is 488510 – Freight Transportation Arrangement. Award will be made based on Price and Other Factors per PART V.

Upon completion of this quote, please email your response to SSgt Isidro, Ramirez isidro.ramirez@usmc.mil and GySgt John, Duong john.duong@usmc.mil .

All quotes are due to the responsible Contracting Office no later than 27 November, 23:59 (UTC+9) (Palau Local Time).

Quotes may be accepted past the aforementioned date & time specified if the Contracting Officer deems it in the best interest of the government.

2. Payment terms of the resulting purchase order will be NET 30 Days via

Electronic Transfer of Funds (EFT).

3. The Contractor shall quote the requested items as detailed below in United States Dollars (USD).

CLIN DESCRIPTION POP QUANTITY UNIT

PRICE

TOTAL

0001 TRANSPORTATION OF (5)

QUADCONS FROM

PELELIU TO KOROR

4DEC2024

TO

11DEC2024

1/ EACH $

0002 TRANSPORTATION OF (5)

QUADCONS FROM

KOROR TO PELELIU

11DEC2024 1/ EACH $

0003 STORAGE FOR (30) DAYS

ON KOROR

(4DEC2024/TO/11JAN2025)

4DEC2024

TO

4JAN2024

1/ EACH $

0004 WASH DOWN SERVICES

FOR (5) QUADCONS ON

KOROR

11DEC2024

1/EACH $

(QUOTE) TOTAL AMOUNT: USD$

REQUIRED LEAD TIME: DAYS:

mailto:isidro.ramirez@usmc.mil mailto:john.duong@usmc.mil

PLEASE PROVIDE THE FOLLOWING INFORMATION

Company Name:

Address:

Phone Number:

Point of Contact:

E-Mail address:

SYSTEM FOR AWARD MANAGEMENT (SAM) INFORMATION

DUNS/UEID: CAGE

CODE:

In compliance with Cargo Preference, the Contracting Officer may elect to only evaluate U.S.

flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

A valid submission consists of at least a ship name, a price, and a signature; without these at a minimum, your submission will not be considered for evaluation and award.

Contractors may elect to complete DRYVOY Boxes or provide the information requested below at a minimum:

(i) Vessel’s INMARSAT #:

(ii) Vessel’s Call Letters:

(iii) Vessel’s Official Number:

(iv) Year of Vessel:

(v) Flag of Vessel:

(vi) Proposed lay days:

(vii) Lump sum and demurrage:

(vii) Compliance with/acknowledgements pursuant to Part V(c) below: Yes/ No

(viii) Acknowledgement of all terms and conditions of RFQ: Yes/ No

(x) Name and email address for Contractor Performance Assessment Reporting System (CPARS):

(Continued on next page)

A complete submission will also be comprised of:

(i) Completed FAR 52.212-3 Offeror Representations and Certifications – Commercial Items and Alternate 1 (See Part VI; submission in SAM fulfills this requirement.)

(ii) Completed FAR 52.209-7 – Information Regarding Responsibility Matters (See Part VI.)

(iii) Completed FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law (See Part VI; submission in SAM fulfills this requirement.)

(iv) Dependent upon response(s) to FAR 52.204-26, completed FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment (See Part VI)

(v) Completed FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (See Part VI; submission in SAM fulfills this requirement.)

(vi) Completed FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (See Part VI.)

(vii) Certification required pursuant to Part VI (c)(8), FAR 52.222-56.

(viii) Completed DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (See Part VII.)

(xiv) Dependent upon response to DFARS 252.204-7016, completed DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (See Part VII.)

(END OF PART I)

PART II. PERFORMANCE WORK STATEMENT TRANSPORTATION OF

EQUIPMENT BETWEEN PELELIU’S AIRFIELD AND MALAKAL PORT

1.0 BACKGROUND

The requirement is to transport equipment, included in Table 1, from the Peleliu Airfield to Koror International Airport and to transport equipment, included in Table 2, to the Peleliu Airfield from Koror International Airport.

Contractor is responsible for all supporting functions required to transport equipment, to include but not limited to, operating, providing, and maintaining material handling and transportation equipment, providing equipment necessary for securing loads, providing competent operators for supporting equipment and refueling equipment, and storage as required.

2.0 PLACE OF PERFORMANCE

All services shall be performed in the Republic of Palau.

3.0 PERIODS OF PERFORMANCE

The period of performance will begin once the equipment (Table 1) is cleared to depart from Peleliu Airfield to Koror International Airfield, approximately on 4DEC2024. The equipment must be at Koror International Airport no earlier than 9DEC2024 and no later than 11DEC2024.

The period of performance will end once all equipment from Table 2 has safely arrived at Peleliu Airfield, approximately on 11DEC2024, and all equipment from Table 1 has been loaded onto the military aircraft at Koror International Airport, as determined by technical point of contact, TBD.

Refer to MOVEMENT Tasks below for specific tasks.

4.0 SCOPE OF WORK

4.1 Barging Services:

4.1.1 Contractor shall provide barge services (also referred to as a floating pier, a jetty or platform pontoon or dock) at the North Port of Peleliu and the island of Koror during the period of performance to transport U.S. Government equipment.

4.1.2 Contractor shall provide a barge capable of transporting all equipment identified within Table 1 and Table 2.

4.1.3 Contractor shall provide a barge that meets license, registration, permit, and insurance requirements, as per the host country regulations.

4.1.4 Contractor shall provide port service crane, tugboat, and push boat for repositioning, as required.

4.1.5 Contractor shall provide standby tug for use during installation and removal of Barge if required to perform the service.

4.2 Material Handling/Loading/Offloading Equipment:

4.2.1 Contractor shall provide all material handling equipment with qualified operators capable of safely and efficiently loading and offloading all U.S. Government equipment, included in Table 1 and Table 2, as required for transportation.

4.2.2 Contractor shall provide material handling/loading/offloading equipment that meets license/registration/permit/insurance requirements as per the host country regulations.

4.3 Tractor Trailer Transportation Services:

4.3.1 Contactor shall provide tractor trailers, prime movers, and qualified operators capable of safely transporting equipment, as required to move gear from port to Koror International Airport and Peleliu Airfield.

4.3.2 Contractor shall provide tractor trailers that meet license, registration, permit, and insurance requirements, as per the host country regulations.

4.4 Lowboy Tractor Trailers:

4.4.1 Contactor shall provide lowboy tractor trailers, prime movers, and qualified operators capable of safely transporting equipment, as required.

4.4.2 Contractor shall provide lowboy tractor trailers that meet license, registration, permit, and insurance requirements, as per the host country regulations.

4.5 Potential Storage: Contractor will provide storage in the case of any delays throughout the transportation of equipment between the Peleliu Airfield and Koror International Airport and provide equipment wash down services as per Koror International Airport shipping requirements.

5.0 MOVEMENT TASK

Task 1. Equipment Transportation from Southern End of Peleliu Airfield to North Port of Peleliu (Table 1).

Contractor is responsible for safely transporting all equipment from the Southern End of Peleliu Airfield to the North Port of Peleliu.

Contractor is responsible for providing operators to competently employ all supporting equipment, to include material handling and transportation equipment, within their capabilities.

Task 2. Equipment Transportation and Loading of Barge from North Port of Peleliu to Koror Port (Table 1).

Contractor is responsible for loading barge in an efficient manner in order to optimize bed space and reduce number of trips.

If barge is loaded at a location other than the North port of Peleliu, then the Contractor is responsible for the safe transportation of all equipment to that location.

Contractor is responsible for the safe transportation of equipment while loaded on barge.

Contractor is responsible for employing barge, material handling, transportation, and all supporting equipment within their capabilities.

Contractor is responsible for ensuring permissible sea state and tide conditions for safe travel from North Port of Peleliu to Koror.

Task 3. Equipment Transportation from Koror Port to Palau International Airport (Table 1).

Contractor is responsible for safely transporting all equipment from Koror Port to Palau.

Contractor is responsible for providing operators to competently employ all supporting equipment, to include material handling and transportation equipment, within their capabilities.

*There is a potential need for storage should the Military Aircraft be delayed. Contractor will provide options for this service at/near the airport. *

Task 4. Equipment Transportation from Palau International Airport to Koror Port (Table 2).

Contractor is responsible for safely transporting all equipment from the Koror International Airport to the Koror Port upon debarkation from the military aircraft.

Contractor is responsible for providing operators to competently employ all supporting equipment, to include material handling and transportation equipment, within their capabilities.

Task 5. Loading of Barge and Equipment Transportation from Koror Port to North Port of Peleliu (Table 2).

Contractor is responsible for loading barge in an efficient manner in order to optimize bed space and reduce number of trips.

Contractor is responsible for the safe transportation of equipment while loaded on barge.

Contractor is responsible for employing barge, material handling, transportation, and all supporting equipment within their capabilities.

Contractor is responsible for ensuring permissible sea state and tide conditions for safe travel from North Port of Peleliu to Malakal Port.

Task 6. Equipment Transportation from North Port of Peleliu to Southern End of Peleliu Airfield (Table 2).

Contractor is responsible for safely transporting all equipment from the North Port of Peleliu to the Southern End of Peleliu Airfield.

Contractor is responsible for providing operators to competently employ all supporting equipment, to include material handling and transportation equipment, within their capabilities.

6.0 CONTRACTOR RESPONSIBILITY

6.1 Maintenance:

6.1.1 The Contractor shall be responsible for the maintenance of the supporting equipment to ensure performance of the service.

6.1.2 The vessel and all associated equipment shall be, insofar as due diligence can make them so, seaworthy, properly, and efficiently manned, equipped, supplied, and in every way adequately prepared to perform the service required.

6.1.3 Safety Items: The Contractor must maintain equipment pursuant to local city and country safety requirements. In addition, equipment shall have the following operational safety features:

seatbelts for the driver, headlights, reverse back-up alarm, windshield wipers, and horn.

6.1.4 The Contractor is responsible for all scheduled and unscheduled maintenance of supporting equipment. The Contractor shall provide all parts and labor necessary to complete required maintenance tasks at no additional cost to any already agreed upon/negotiated lease rate.

6.1.5 Maintenance shall be performed according to the manufacturer’s recommended maintenance schedule. If the Contractor’s scheduled or unscheduled maintenance results in U.S.

Government losing use of equipment for more than 24 hours, the Contractor shall provide replacement equipment of a comparable make and model in order to fulfill requirements outlined in performance work statement.

6.2 Contractor-Furnished Supply, Service, And Equipment: Contractor shall be responsible for providing all supplies, services, and equipment necessary to safely and efficiently perform the tasks outlined in the task order. U.S. Government-furnished equipment shall not be made available to support Contractor tasks.

6.3 Local Procedures, Laws, And Regulations: Contractor shall act in accordance with local procedures and regulations applicable in the region.

6.4 Health Protection: Contractor shall ensure strict compliance to the rules and procedures in the region regarding the health protection of all personnel. Contractor shall provide all necessary consumables, materials, or equipment to ensure compliance to health protection order within the region.

6.5 Holidays: The Contractor may be required to work during local and/or United States holiday periods.

6.6 Remedy and Re-Performance: If any of the services do not conform to the contract requirements, the Contractor shall be required to re-perform the services in conformity with the contract requirements, at no additional expense to the U.S. Government.

6.7 Equipment Operators:

6.7.1 All equipment operators shall have, at a minimum, a basic understanding of the English language and must be able to understand and/or translate directions/instructions from the passengers in which they are servicing at any given time.

6.7.2 Operators are required to act in a professional manner throughout the duration of the lease agreement.

6.7.3 Operators shall represent themselves and the company they are employed by in a professional manner.

6.7.4 Operators shall adhere to local laws such as speed limits and safe driving requirements.

6.7.5 All operators will possess on their person, at all times, a valid license, or equal documentation, that may be required by the host nation for legal operation of the equipment in which they are assigned to operator.6.7.6 The U.S. Government will not be providing hotel accommodations or meals to any operators throughout the duration of this requirement.

6.8 Contractor notice regarding late delivery: In the event the Contractor anticipates or encounters difficulty in complying with the delivery schedule, the Contractor shall immediately notify the Contracting Officer telephonically giving full detailed reasons for the delay. Receipt of Contractor’s notice does not constitute acceptance of an alternative delivery schedule waiver of the U.S. Government’s rights under this contract or at law.

Table 1

Table 2

7.0 QUALITY ASSURANCE:

Customer and Contractor will jointly inspect the equipment before its transfer at point of destination. If the equipment has been damaged during transportation, then there may be an additional fee as determined by the Contracting Officer.

7.2 QUALITY ASSURANCE SURVEILLANCE PLAN

Cargo Type

Length (in)

Width (in)

Height (in)

Weight (lbs)

Weight

(ST)

Area (sqft)

Volume (cuft)

Container 82 58 96 3,280 1.64 32.99 263.91 Container 82 58 96 3,410 1.71 32.99 263.91 Container 82 58 96 2,560 1.28 32.99 263.91 Container 82 58 96 2,820 1.41 32.99 263.91 Container 82 58 96 3,020 1.51 32.99 263.91

Cargo Type

Length (in)

Width (in)

Height (in)

Weight (lbs)

Weight

(ST)

Area (sqft)

Volume (cuft)

Container 82 58 96 3,940 1.97 32.99 263.91 Container 82 58 96 3,600 1.8 32.99 263.91 Container 82 58 96 3,340 1.67 32.99 263.91 Container 82 58 96 4,560 2.28 32.99 263.91 Container 82 58 96 3,050 1.53 32.99 263.91

Task Performance Standard Acceptable Quality Level (AQL)

Inspection Method

Incentive

Transportation of Table 1 Equipment

The contractor picks up and drops off all equipment per the schedule.

99% Customer Feedback

Consequences of Non-Compliance:

- Unsatisfactory Past Performance

Transportation of Table 2 Equipment

The contractor picks up and drops off all equipment per the schedule.

99% Customer Feedback

Consequences of Non-Compliance:

- Unsatisfactory Past Performance

Washdown Service for Table 1

Table 1 Equipment is washed down on acceptably and on time to meet outbound flight.

99% Customer Feedback

Consequences of Non-Compliance:

- Unsatisfactory Past Performance

Storage (as needed for Table 1 or Table 2 Equipment)

Storage is provided at or near the Koror International Airport (as needed)

99% Customer Feedback

Consequences of Non-Compliance:

- Unsatisfactory Past Performance

8.0 SAFETY

The Contractor and his/her hired employees shall be responsible for ensuring all safety requirements are adhered to.

9.0 POINTS OF CONTACTS AND AUTHORITIES

The U.S. Government (Contracting Officer) retains the right to make changes to this Statement of Work, prior to contract award, based on factors that are unknown at this time (e.g. funding is formally decreased, direction from U.S. Pacific Command due to changing political conditions, etc.). The Contracting Officer is the only person authorized to approve any changes to the requirements of the contract and not withstanding provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price as a result of the change. Customer points of contact will be provided after contract award.

10.0 CONTRACTUAL RELATIONSHIPS

Contractor personnel shall be under the supervision of the U.S. government officer of the project at all times while on site. The Contracting Officer will address discrepancies or noncompliance with the contract clauses, specifications, or Statement of Work directly with the Contractors’ supervisor for necessary corrective action.

11.0 LIABILITY

The U.S. Government accepts no liability for the actions of the Contractor or his employees and agents.

12.0 INVOICING

The Contractor shall invoice at the end of the contract period for the entire period of performance. The Contractor shall e-mail or hand-deliver invoices to the Contracting Officer. The Contracting Officer will forward the invoice to the Finance Office for payment processing. The Contractor shall list contract line items as in the delivery order and shall not exceed the obligated amount as identified within the contract agreement.

(End of Performance Work Statement)

(END OF PART II)

PART III. DRYVOY BOXES

Vessel(s):

Owner, Unique Entity Identifier (UEI), CAGE Code, TIN (and TIN of parent, if applicable):

Solicitation Number (date):

Contract Number (date):

1. Vessel(s) Required:

2. Cargo Description (including measure, identifying weight or volume, and if margin identify at whose option and when declarable):

a. Load: F.I.O.S.S. F.I.O. ex S.S LINER TERMS

b. Discharge: F.I.O.S.S. F.I.O. ex S.S. LINER TERMS

3. Load Port(s)/Place(s):

4. Laytime:

DAYS SHEX SSHEX SSHINC

5. Discharging Port(s)/Place(s):

6. Laydays:

Commencing:

Cancelling:

7. Terms/Conditions/Attachments added, deleted, or modified

Vessel(s): Solicitation number (date):

8. Vessel/Flag/Year Built:

9. Proposal Firm Until:

10. Amendments Acknowledged (amendment numbers and dates):

11. Owner (name, address, phone, e-mail, fax):

CPARS POC, if different from above (name, email):

12. Broker (address, phone, e-mail, fax):

13. Remittance address for hire (if other than box 11):

Laydays Proposed:

Commencing:

Cancelling:

15. Expected Ready to Load:

Reserved

17. Lift Quantity (ies) Proposed: Full Cargo Partial Cargo:

Full Cargo to Apply If Neither Block Is Marked

18. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): (SELECT ONE)

Offeror IS a VISA Participant. Vessel(s) offered IS (ARE) Enrolled in VISA.

Offeror HAS APPLIED to be a VISA Participant. Vessel(s) offered WILL BE Enrolled in VISA.

Offeror IS NOT a VISA Participant. Vessel(s) offered IS (ARE) Not Enrolled in VISA.

Rates (USD)

CLIN Description

Unit Quantity Extended Price

(TBD at award) Freight Rate (TBD at award) Demurrage (TBD at award) Detention

Vessel : Solicitation Number (date):

20. Vessel type and, if applicable, MARAD design type:

21. Place built: 22. Year built: Flag:

23. INMARSAT Ident. 24. Vessel’s e-mail/Fax:

25. Call Letters: 26. Official number:

27. Net registered tonnage: 28. Panama Canal tonnage:

29. Gross registered tonnage: 30. Suez Canal tonnage:

31. Beam (extreme) 32. Length Overall:

a. (ft) b. (m) a. (ft) b. (m)

33. Immersion (on draft in Box 35): 34. Length between perpendiculars:

a. (LT/in) b. (t/cm) a. (ft) b. (m)

35. Summer mean draft: 36. Deadweight capacity (on draft in Box 35):

a. (ft) b. (m) a. (LT) b. (t)

37. Displacement, loaded (on draft in Box 35): 38. Summer Load Line Freeboard:

a. (LT/in) b. (t/cm) a. (ft) b. (m)

39. Shaft Horsepower/kilowatts: 40. Brake Horsepower/kilowatts:

a. (hp) b. (Kw) a. (hp) b. (Kw)

41. Nationality of Master/Officers/Crew: 42. Number of persons other than crew that can be carried:

43. Classification society entered and class assigned:

44. Insured value of vessel (USD):

45. Vessel’s present position/destination:

46. Last dry-dock date (mm/dd/yy): 47. Next dry-dock date (mm/dd/yy):

48. MarAd subsidized vessel: Yes No

49. Average Speed (Laden to the Draft in box 35): 50. Average Speed (Ballast Condition):

51. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

53. Number of tween decks:

54. Cargo Space

Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

55. Total underdeck container capacity (TEU/FEU):

56. Total on-deck container capacity (TEU/FEU):

57. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

58. Reefer-space capacity (cu ft / cu meters):

59. Deep-tank capacity (cu ft/cu meters/bbls):

60. Capacity of spaces fitted with cell guides (TEU):

61. Amount and location of permanent ballast carried:

62. General description of ramps (number, location, size, capacity, and type) (note particularly weight of heaviest permissible vehicle in LT or t):

Vessel:

63. General description of cargo spaces and special features:

Decks: number, size in ft2 and cu ft; size in m2 and cu m; strength in psf/kPa; arrangement Holds and Hatches: number and size Hatch Covers: number, size, composition, and type Underdeck Height Restriction Description of lashing points; lashing and securing gear; type; description; and amount aboard Barge-Stowage Particulars Float-on / Float-off Particulars

64. Number/location/SWL capacity of winches, derricks, booms, and cranes:

65A. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if “yes”)

65B. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

66. Are any deficiencies lodged by any regulatory body outstanding against the Vessel (include full description if “yes”)?

67. CONTINUATION

Unless specifically referenced in box 7, this page I-5 does not apply to this Charter Party.

For Contracts of Affreightment (COA), boxes 8,15, & 17 are deleted in their entirety

68. Performing Vessels:

69. Program of Shipments

Unless specifically referenced in box 7, this page I-6 does not apply to this Charter Party.

For Semisubmersible Transport (Float-On/Float-Off (FLO/FLO), Boxes 2,3,4 & 5 are deleted in their entirety.

70. Cargo Description: 72. Loading Site:

73. Discharging Site:

74a. Laytime – Loading: Days SHEX SSHEX SSHINC

71. Riding crew? Yes No 74b. Laytime Discharging: Days SHEX SSHEX SSHINC

Solicitation Number (date): Contract Number (date):

CONTINUATION

75. Space for continuation of responses (refer to prior box numbers):

Box #

(END OF PART III)

PART IV. INSTRUCTIONS TO OFFERORS

(a) The Contractor shall comply with the following FAR provisions:

(1) FAR 52.212-1 Instructions to Offerors—Commercial Items (NOV 2021) (tailored pursuant to FAR 12.302(a)).

(b) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(c) Submission of offers. (Tailored) Submit signed and dated offers to the point of contact specified in Block 7 of the SF 1449 at or before the exact time specified in this solicitation.

Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number.

(2) Reserved (Tailored).

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with (or acknowledgement of, as appropriate) the requirements in the solicitation. This may include product literature, or other documents, if necessary. (Tailored).

(5) Terms of any express warranty.

(6) Price and any discount terms.

(7) “Remit to” address, if different than mailing address.

(8) A completed copy of the representations and certifications at FAR 52.209-7 Information Regarding Responsibility Matters; FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law; FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (Tailored)

(9) Acknowledgment of Solicitation Amendments.

(10) Past Performance Information: (Tailored)

For the purposes of evaluating offerors’ past performance:

https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items

a. “Recent” is defined as a contract in-progress or completed within the last three (3) years.

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

i. Scope: Experience in the areas defined in the PWS.

ii. Magnitude: The measure of the volume, dollar value and/or duration of the work actually performed under a contract.

iii. Complexity: The measure of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror under a contract. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(12) Subcontracting Plan. (Tailored)

In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9.

In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and FAR 52.219-9 may be evaluated as part of past performance in future source selections.

A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

(13) Form of Submission. (Tailored) Proposals may NOT be submitted via telex.

Proposals/extensions may be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. Proposals/extensions must contain either a verifiable electronic signature (e.g. PKI enable certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's authorized agent. Note: Unsigned offers will not be considered for award.

Offerors are advised that delays in the receipt of e-mail do occur. The Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. The timestamp of the Offeror’s sent e-mail shall not be construed as sufficient documentation of the Government’s receipt of an e-mailed offer. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late. Due to increased e-mail security, it may take longer for e-mails to be received in the appropriate in-box, especially when an e-mail is hosted in a foreign country; some e-mails are delayed in excess of hours. Offerors are encouraged to submit offers as soon as possible. Alternately, proposals/extensions may be faxed or mailed/carried to the address shown in Box 9 on the SF 1449.

(14) (Tailored) Any other characteristics/details not shown in Part I that are pertinent to the Government’s evaluation factors.

(15) (Tailored) A valid submission consists of at least a ship name, a price, and a signature;

without these at a minimum, your submission will not be considered for evaluation and award.

(16) (Tailored) Set of completed boxes found at DRYVOY PROFORMA PART III, as applicable and at a minimum:

(i) Vessel’s INMARSAT # (DRYVOY Box 23)

(ii) Vessel’s Call Letters (DRYVOY Box 25)

(iii) Vessel’s Official Number (DRYVOY Box 26)

(iv) Year of Vessel (DRYVOY Boxes 8 and 22)

(v) Flag of Vessel (DRYVOY Boxes 8 and 22)

(vi) Proposed lay days (DRYVOY Box 14)

(vii) Compliance with/acknowledgements pursuant to Part V(c) below.

(viii) Acknowledgement of all terms and conditions of RFQ and DRYVOY Proforma

(ix) Lump sum and demurrage (DRYVOY Box 19)

(x) Name and email address for Contractor Performance Assessment Reporting System (CPARS) (DRYVOY Box 11)

(xi) Acknowledgement of whether or not the Owner is a VISA participant (DRYVOY Box 18)

(xii) Acknowledgement of whether or not the Vessel is VISA enrolled (DRYVOY Box 18)

(xiii) Completed FAR 52.212-3 Offeror Representations and Certifications – Commercial Items and Alternate 1 (See Part VI; submission in SAM fulfills this requirement.)

(xiv) Completed FAR 52.209-7 – Information Regarding Responsibility Matters (See DRYVOY Part VI)

(xv) Completed FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law (See Part VI; submission in SAM fulfills this requirement.)

(xvi) Dependent upon response(s) to FAR 52.204-26, completed FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment (See Part VI)

(xvii) Reserved.

(xviii) Completed FAR 52.204-26 Covered Telecommunications Equipment or

Services-Representation (See DRYVOY Part VI; submission in SAM fulfills this requirement.)

(xvix) Completed FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (See Part VI.)

(xx) Certification required pursuant to Part VI (c)(8), FAR 52.222-56.

(xxi) Completed DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (See DRYVOY Part VII.)

(xxii) Dependent upon response to DFARS 252.204-7016, completed DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (see DRYVOY Part XII).

(17) (Tailored) Full Style of vessel and vessel owners/operators, and load/discharge port agents’ contact information.

(18) (Tailored) Provide detailed diagrams of vessel deck NLT 72 hours prior to arrival at designated loading ports.

(19) (Tailored) Listing of cargo handling equipment on ship (e.g. forklifts, spreader bars, etc.).

(20) (Tailored) Owners must advertise load capacities/capabilities of ship’s gear/cranes that will service the assigned cargo spaces (or details of arrangement made ashore for vessel discharge).

(21) (Tailored) Vessel must identify all deck spaces to be provided for loading.

(24) (Tailored) Owners must warrant that the Vessel Captain and crew have valid HAZMAT training.

(23) (Tailored) Identify any stowage constraints in regards to HAZMAT restrictions on board the vessel.

(24) (Tailored) Should the selected vessel already have commercial cargo loaded aboard, the vessel carrier must provide a detailed stow plan with cargo stowage locations and the order of vessel ports of call within the estimated timeframes.

(25) (Tailored) Owners must warrant the vessel can accommodate port restrictions. There may be additional restriction than those listed in the RFQ.

(d) Period for Acceptance of Offers. (Tailored) Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The forgoing does not preclude an offeror from withdrawing its offer prior to award.

(e) Vessel Substitution. (Tailored) No proposed substitution will be permitted by Charterer during the procurement solicitation process after the date and time for offers has passed except when such substitution is made as part of a revised offer during a period in which the solicitation is reopened or when such substitution is made as part of a final proposal revision.

(f) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(g) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.

one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(h) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(i) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(j) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch http://assistdocs.com/

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(k) Unique Entity Identifier (UEI). (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(m) Service of Protest. (Added) Protests, as defined in FAR 33.101, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written http://assist.daps.dla.mil/wizard https://www.acquisition.gov/content/part-32-contract-financing#i1080713 http://www.sam.gov/ and dated acknowledgment of receipt from Isidro Ramirez. The mailing address is isidro.ramirez@usmc.mil .

Interested parties may request an independent review of their protest as an alternative to consideration by the Contracting Officer or as an appeal of the Contracting Officer’s decision on their protest. See FAR 33.103. Requests for independent review shall be addressed to:

MGySgt Nicholas Stanke: Nicholas.stanke@usmc.mil Procurement Chief 1st MLG Expeditionary Contracting Platoon Camp Pendleton, CA

1st MLG ECP encourages potential protestors to discuss their concerns with the Contracting Officer prior to filing a protest. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(n) FAR 13 Acquisition. (Added) This procurement is a FAR Part 12 acquisition being conducted under FAR 13 Simplified Acquisition Procedures. Accordingly, simplified acquisition procedures apply. After receipt of proposals the Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate.

(3) FAR 52.212-1 (Addendum) Additional Instructions to Offerors—Commercial Items

Questions.

Questions regarding the solicitation will be accepted up until the time that proposals are received. Questions received later than 2 working days prior to closing may not be answered.

(END OF PART IV)

mailto:isidro.ramirez@usmc.mil mailto:Nicholas.stanke@usmc.mil

PART V. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

(tailored pursuant to FAR 12.302 (a))

In compliance with Cargo Preference, the Contracting Officer may elect to only evaluate U.S.

flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror (See Note (1) below) whose technically acceptable proposal with acceptable past performance represents the lowest price to the Government.

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

(b) In selecting the quote most advantageous to the government, Price and Other Factors, the following factors will be considered:

Technical Past Performance Delivery (Required Lead Time) Price

(c) Technical. The offeror’s proposal will be evaluated based on technical capability of vessels proposed per the submission requirements outlined in PART IV. INSTRUCTIONS TO OFFERORS (b)(16).

(d) Past Performance. The government will search Contractor Performance Assessment Reporting System (CPARS) for each offeror’s three most recent and relevant government contracts for the ocean transportation of cargo. While the government intends to use primarily CPARS to gather information on offerors’ past performance, it reserves the right to consider other sources of relevant information. The government will not consider the past performance of parent or sister companies, and will only consider the past performance of the offeror. Recency and relevancy are defined in Part X, above, of past performance information. The government will consider the extent of the offeror’s ability to perform a previous contract successfully in the areas of (A) quality of product or services, (B) timeliness or scheduling of supplies/deliveries,

(C) business relations/customer satisfaction, and (D) key personnel and staffing (including subcontractors). Additionally, the Government will consider past performance with respect to FAR 52.219-8. Marginal and unsatisfactory ratings or comments will be addressed during discussions, if held. Absent negative information, a rating of satisfactory will be assigned.

https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113286

a. At a minimum, award will not be made to an offeror who is or within the past three years has been seriously deficient in contract performance, unless the Contracting Officer determines that the circumstances were properly beyond the offeror’s control or that the offeror took appropriate corrective action.

b. If discussions are held, offerors will be given the opportunity to address unfavorable reports of past performance.

c. Rating Scale: The government will assign ratings as follows: Acceptable: Based on the offeror’s performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below). Unacceptable: Based on the offeror’s performance record, the government does not have a reasonable expectation that the offeror will be able to successfully perform the requirement.

Note: In the case of an offeror without a record of relevant performance or for…