RFP 08-R-5230.doc

24 June 2008 This is the Military Sealift Command, Sealift Program Management Office, Washington, DC

Subj: RFP N00033-08-R-5230 Ref: (a) SF1449

(b) MSC TUGCON 04 (08-04)

MSC Sealift Program Management Office, Code PM52P, requests proposals for vessel capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b) which are incorporated herein by reference (available on the MSC web site at http://www.msc.navy.mil, under “Contracts,” then “Proforma,” or upon request), which shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

NOTE 1: Funds are not currently available for this procurement. In the event funds remain unavailable, this procurement will be cancelled without an award being made.

I. Standard Form 1449 Boxes

5. Solicitation No.: N00033-08-R-5230

6. Solicitation Issue Date: 24 June 2008

7. Solicitation POC: Silvia Molinillo; Tel. 202-685-5078; Email: silvia.molinillo@navy.mil Or Stephen Hughes; Tel. 202-685-5380; mail: stephen.t.hughes@navy.mil

8. Offer Due Date: 27 June 2008 @ 0900 EDT

9. Issued By: Military Sealift Command, Sealift Program Management Office, PM52P, Bldg. 210, Rm. 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540 (Code: N00033) Fax: (202) 685-5852 or Alternate (202) 685-5850

10. This Acquisition is: SET ASIDE FOR SMALL BUSINESS 100%

14. Method of Solicitation: RFP

18a. Payment Will Be Made By: DFAS-INDIANAPOLIS, P.O. Box 26287, Indianapolis, IN 46226-0287 18b. Submit invoices to: Commander, Military Sealift Command (N86), Bldg. 157, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540

II. TUGCON Boxes

1. Tug(s) Required: Request U.S. flag, Jones Act compliant tug with coastwise endorsement for the tow of two (2) barges.

Offerors are informed of the following additional requirements:

▪ Tugs are required to be towed in accordance with the US Navy Tow manual (See http://www.supsalv.org/pdf/towman.pdf ).

▪ Specific bollard pull and tug HP requirements are not identified. The US Navy Tow Manual shall be followed.

▪ Minimum tow speed 6 kts.

▪ An independent marine surveyor shall be mutually agreed upon.

▪ Towing company to provide towing bridle, navigational lights and emergency fire and flooding equipment to include lighted flooding alarms.

▪ Barges will be tow ready.

▪ Pre-tow conferences: Location/Date: NAVSTA San Diego, CA 09 September 2008; PSNS Bremerton, WA 11 September 2008; contractor to be in attendance.

2. Description of Tow:

Barge Particulars:

Barge #1: YRBM 20, Unmanned

Length:

261 ft Beam:

48 ft Draft:

9 ft Tonnage:

2700 tons Barge #2: APL 4, Unmanned

Length:

261 ft

Beam:

48 ft

Draft:

6 ft

Tonnage:

2600 tons

*NOTE: Offers may be given for either of the tows and/or both tows in direct continuation, in any order.

3. Port(s)/Place(s) of Departure:

BARGE #1 - PSNS, BREMERTON, WA

BARGE #2 - 32ND ST NAVSTA SAN DIEGO, CA

4. Port(s)/Place(s) of Destination:

BARGE #1 - 32ND ST NAVSTA SAN DIEGO, CA

BARGE #2 - PSNS, BREMERTON, WA

5. Laydays:

Commencing:

22 September 2008

Cancelling:

23 September 2008

6. Terms/Conditions/Attachments added, deleted or modified:

Technical Requirements Point of Contact MSCHQ is:

(Primary) Tom Walters, 202-685-5829, thomas.walters@navy.mil (Secondary) Kevin Kohlman, 202-685-5810, kevin.kohlman@navy.mil

ADD: SPECIAL REQUIREMENTS.

(1) Crew List. Owner must provide an accurate and current crew list within 24 hours of contract award and, additionally, no later than 24 hours prior to delivery of the vessel at the designated load or delivery port (or first designated load port in the case of multiple load ports), time permitting. Further, at any time during the contract period a list of any relief(s) scheduled to board the vessel is required 24 hours prior to the personnel change. The crew list shall include full name (including middle name or the letters “NMN” if no middle name), date of birth, place of birth (city and country), passport number and country of issue, and nationality of all crewmembers and other personnel onboard the Vessel. Upon award, Charterer will provide a template in which the crew list must be submitted. The template must be filled out in its entirety by Owners and resubmitted electronically in Microsoft Excel format to the Charterer, at the following PM5 mailbox MSCHQ.PM5-screening.fct@navy.mil.

Emails containing the Microsoft Excel attachment must be written as follows:

A.

Subject line format is as follows: FOUO - PRIVACY SENSITIVE - EPIC - PM5 - HUR - NAME of SHIP - CREW or NON-CREW

B.

Body of email is to begin and end as follows:

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE. ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES

C.

Submitter's name, company, address, and telephone number must be included in the email.

Scanned lists are unacceptable. Additionally, if there is a scheduled crew change or rotation of any percentage of such, the above information is to be provided at least 96 hours prior to the change.

(2) Any delay resulting from Owner’s failure to provide any of the information or drawings described in paragraphs (1), above, within the prescribed time frames shall be considered as time excluded under Part III (g)(3).

(3) Statutory Employee. Pursuant to La.R.S. 23:1061(A)(3) the Department of the Navy, by and through Military Sealift Command, and Contractor expressly provide and agree that the United States of America and/or the Department of the Navy, by and through Military Sealift Command, is the statutory employer of any of Contractor’s employees and is entitled to the tort immunity provided in La.R.S. 23:1061 and La.R.S. 23:1032.

ADD: FORCE PROTECTION.

(1) Owner agrees that U. S. Armed Forces personnel may board the Vessel at any time at any location for U. S. national security purposes, gives consent for such boarding, and agrees to cooperate fully with such U.S. Armed Forces personnel in the boarding party. Owner also agrees to permit U. S. Armed Forces personnel to search without limitation any and all vessel spaces for U.S. national security purposes.

(2) Owner agrees to render all necessary assistance to U. S. Armed Forces personnel with respect to the identification and screening of crew members or such others as may be aboard the Vessel. Owner consents to the immediate removal of crewmembers or such others as may be aboard the Vessel deemed unsuitable for any reason by the Contracting Officer or U.S. Armed Forces personnel. Owner agrees to replace any such crewmembers promptly and that such replacements will fully comply with all crew screening requirements. Charterer agrees to bear proven and reasonable costs incurred by Owner associated with replacement, if necessary.

(3) Charterer reserves the right, at Charterer’s sole option, to embark U.S. Armed Forces personnel and their weapons at any time during the period of the Charter to protect U. S. Armed Forces personnel, cargo or equipment on board the Vessel. These force protection personnel will provide security in accordance with rules of engagement established by competent U. S. military authorities and will operate under the command of such authorities. Charterer agrees to reimburse Owner for cost of such personnel at the rate set forth in the Charter for Supercargo.

(4) Owner agrees to comply fully with the current ship threat condition measures required by relevant Navy and MSC Force Protection instructions and messages for the threat condition of the area.

ADD: SECURITY THREAT. In the event of a security threat or incident involving the ship, crew or cargo during the voyage, the ship's master should report any incident immediately to the MSC Area Command in whose area the ship is currently located. The MSCHQ Command Center should be contacted if the Area Command cannot be reached. Contact numbers will be provided upon award.

ADD: SALVAGE.

(1) When engaged in the carriage of government cargo and if requested by Charterer, Owner agrees to accept Navy salvage services. Such services may be provided using Navy personnel and resources or Navy contracted resources.

(2) In providing such services, the Navy, through Charterer, agrees to waive all claims for “pure” or “bonus” salvage. Instead, Charterer shall be entitled to the following:

a. In those cases in which the salvage services are provided by Navy personnel and resources, the salvage claim shall be limited to a schedule of current per diem rates and allowable expenses as established by the Navy’s Supervisor of Salvage. In no event shall such amount exceed a maximum claim of $25,000 per day.

b. In those situations in which the Navy utilizes contracted resources to deliver assistance, Owner shall be liable for the actual daily rate charged to the Navy by the contractor(s).

(3) It is understood that this limited Supervisor of Salvage claim is asserted against the vessel only, is solely for the vessel's account, and does not include any amounts for the salvage of the Government's cargo. Notwithstanding any other provisions of this contract, this limited Supervisor of Salvage claim IS NOT directly or by way of setoff chargeable in whole or in part to the Government by way of general average or otherwise.

ADD: DEMURRAGE/DETENTION DOCUMENTATION. In the event of demurrage/detention, all supporting documents as identified in the invoicing clause shall be submitted to the Contracting Officer for approval prior to submission of demurrage/detention invoices. After receiving the Contracting Officer's concurrence, Owner may submit demurrage/detention invoices to the office identified in Box 18b of SF 1449.

MODIFY: II – Incorporate revised clause 52.212-4 (Feb 2007). Tailored language still applies.

REIMBURSABLE SUPPLIES AND SERVICES (CHARTERS) (MAR 2005)

(1) The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this contract. “Actual price" paid by the Contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

(2) To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $2,500 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval, prior to purchasing fuel. For purchases of services and supplies and other than fuel, the Contractor need provide the aforementioned documentation only when requested by the Contracting Officer. The Contractor shall maintain documentation of all reimbursable purchases until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the proposed subcontractor and price.

(iii) Suppliers contacted and price quotes. Include other pertinent data such as price lists used if suppliers were not contacted and information regarding the selection if other than price-related factors were considered.

(3) The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the “Disputes” clause of the contract. It shall be the Contractor’s burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.

(4) When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each Reimbursable Supplies and Services CLIN at the time a reimbursable item is ordered.

(5) The Government is not obligated to reimburse the Contractor for otherwise reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.

(6) The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased. Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

(7) No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

(8) Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

MODIFY: III(k) – Position reports are to be sent to the following e-mail addresses:

MSCHQ_CARGO@navy.mil

Thomas.Walters@navy.mil

Larry.Larsson@navy.mil

Bruce.Leach@navy.mil msc.cop.fct@nmci-isf.com

LPearson@yfnb30-emh.san.mrms.navy.mil

SMagley@yfnb30-emh.san.mrms.navy.mil thomasgamber@wavecable.com dean.gregerson@navy.mil rmyers@yfnb30-emh.san.mrms.navy.mil

Position reports shall be sent twice daily at 0000 and 1200 (local time).

DELETE: III(s) - in its entirety

MODIFY: IV - Incorporate revised clause 52.212-5 (June 2008). The following clauses apply:

52.222-3, 52.233-3, 52.203-6, 52.219-4, 52.219-8, 52.219-9, 52.219-14, 52.219-26, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-39, 52.232-34, 52.222-41 and 52.222-44.

MODIFY: V - Incorporate revised clause 252.212-7001 (Mar 2008). The following clauses apply: 52.203-3, 252.219-7003, 252.225-7012, 252.232-7003, 252.243-7002, and 252.247-7024.

MODIFY: V - Incorporate revised provision 252.212-7000 (June 2005).

MODIFY: VI – Delete item (b), DFARS 252.204-7004.

MODIFY: VIII - Incorporate revised provision 52.212-1 (June 2008). Tailored language still applies.

MODIFY: VIII – in subparagraph (n) the Contracting Officer is Kenneth Allen. The mailing address is the same as that stated in Box 9, SF 1449.

MODIFY: X - Incorporate revised provision 52.212-3 (June 2008) and Alternate I (Apr 2002).

MODIFY: X(c) – The offeror agrees to hold the prices in its offer firm until 1700 EDT 09 JULY 2008.

ADD: X (d) – Form of Submission:

Proposals may NOT be submitted via telex. Proposals may be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0. The offer must contain a scanned image of the handwritten signature of the Offeror or Offeror’s agent. 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. Alternately, Proposals may be faxed or mailed/carried to the address shown in Box 9 on the SF 1449.

Box 17: Modify CLIN 0003 by deleting “Cost of Marine Surveyor (not to exceed)” and substituting therefore “Reimbursables Not to Exceed $_0.00_” III. Instructions to Offerors

Offerors shall use the guidelines set forth in Part VIII for submission of offers; however, at a minimum, offers must contain the following:

- Offeror’s signature

- Lumpsum price and demurrage/detention rate.

- Set of completed boxes (Ref (b), pages I-1 through I-4, as applicable)

- Completed Representations and Certifications (Parts X and XI, Ref (b)).

- Evidence of International Shipboard Port Security (ISPS) compliance as applicable

- IAW FAR 52.212-1, U.S. offerors (and foreign offerors working in the U.S.) must be registered in the Central Contractor Registry (CCR) in order to be considered for award. To comply: provide a DUNS number with your offer. This number is required to verify registration and in order to register in the CCR. The DUNS number can be obtained by calling 1-800-333-0505. Register in the CCR by calling 1-888-227-2423 or through the MSC's website at http://www.msc.navy.mil, under “Contracts,” then "CCR."

Note: failure to submit all required information as requested could result in your offer not being considered for award. The successful offeror must provide electronic funds payment information to the office identified in Part VI.

IV. Price Evaluation. Price will be evaluated under clause IX(c) using the lump sum freight rate and 1 day demurrage/detention.

Signed: Kenneth Allen, Contracting Officer, MSC, PM52

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