5210 RFP.doc

11 February 2009 This is the Military Sealift Command, Sealift Program Management Office, Washington, DC

Subj:

RFP N00033-09-R-5210

Ref:

(a) SF1449

(b) MSC DRYVOY 02 (12-02/1-02)

MSC Sealift Program Management Office, Code PM5, requests proposals for vessel(s) 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), and 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.

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.: N00033-09-R-5210

6. Solicitation Issue Date: 11 February 2009

7. Solicitation POC: Troy Francis, Tel: 202-685-5560, E-mail: troy.francis@navy.mil

8. Offer Due Date: 18 February 2009 @ 0900 EST

9. Issued By: Military Sealift Command, Sealift Program Management Office, PM5, Bldg. 210, Rm. 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540;

Fax: (202) 685-5852 or Alternate (202) 685-5850

10. This Acquisition is: UNRESTRICTED

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. DRYVOY Boxes

1. Vessel(s) Required: Request voyage charter for a U.S. or foreign flag self-sustaining LO/LO or RO/RO/LO/LO combination vessel to lift approximately 386 pieces totaling 36,391 sq. ft. and 7,925 MTONS at a minimum speed of 15 knots. The cargo consists of wheeled vehicles, break bulk, containers and ammunitions; reference attached cargo list.

In accordance with the Cargo Preference Act of 1904 and Section IIIA.3 of the Voluntary Intermodal Sealift Agreement (VISA) (see 69 FEDERAL REGISTER 62898, Nov 7, 2007, or most current reference), preference will be given to U.S. flag vessels and VISA participants.

2. Cargo Description: (Cargo List Available Upon Request) Ammunitions will include the following: HAZMAT consisting of Compatibility groups 1.3C, 1.4C, 1.1D 1.2D, 1.1E, 1.2E, 1.4 S, 1.2G, 1.3G, 1. 4G, 1.4S and 1.2H

· Cargo Dimensions:

· Tallest piece:

149 ins

· Widest piece:

144 ins

· Longest piece:

394 ins

· Heaviest Load:

28.12 MTONS

2a. Load: Free In 2b. Discharge: Free Out

3a. Load Port (SPOE 1) Chut Samet, Thailand Available to Load Date (ALD) 01 Mar 09

Cargo: 31,431 Sq Ft (54 pcs)

Load Port (SPOE 2) Ban Thung Prong, Thailand Available to Load Date (ALD) 03 Mar 09 Cargo: 4,960 Sq Ft. (307 pcs) 3b. Port Restrictions: 7.3 m draft restriction in Naha, without guarantee

4. Laytime: Four (4) Days SSHINC

5. Discharge Port (SPOD 1):

Tengan Pier, Okinawa Japan Earliest Arrival Date (EAD)

10 Mar 09

Latest Arrival Date (LAD) 12 Mar 09

Cargo: 5,608 Sq Ft. (35 pcs) Discharge Port (SPOD 2): Naha Military Port, Okinawa Japan Earliest Arrival Date (EAD)

10 Mar 09

Latest Arrival Date (LAD) 12 Mar 09

Cargo: 5,608 Sq Ft. (34 pcs) Discharge Port (SPOD 3) Iwakuni Military Port, Japan

Earliest Arrival Date (EAD)

14 Mar 09

Latest Arrival Date (LAD) 16 Mar 09

Cargo: 35,606 Sq Ft. (361 pcs)

6. Laydays (SPOE 1): Commencing: 01 March 2009

Canceling: 02 March 2009

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

(Addendum to FAR 52.212-4)

ADD: SPECIAL REQUIREMENTS.

(1) Should the selected vessel already have commercial cargo loaded aboard upon delivery, or commercial cargo to be picked up, the carrier will ensure the cargo stipulated above is “last on and first off,” and that the contract carrier provides detailed stow plans with cargo stowage locations NLT 72 hours prior to arrival at the designated load port and the order vessel ports of call within the same established time frames.

(2) Ship Drawings. Owner shall provide detailed ship drawings suitable for the preparation of stow plans no later than 48 hours after award. Include any unusual obstructions of characteristics not readily discernable from deck drawings. Owner shall provide detailed diagrams of the vessel deck no later than 72 hours prior to arrival at the designated load port. If award is made within 72 hours prior to arrival at designated loading port, plans of the vessel deck will be made available no later than 24 hours prior to arrival. If part cargo, Owner shall advise as to the exact space available. Owner is to identify any issues regarding HAZMAT stowage or IMO restrictions.

(3) Cargo Handling Equipment List. If other than liner terms, Owner shall provide a list of cargo handling equipment on the ship (e.g. forklifts, spreader bars, etc.) no later than 72 hours prior to Vessel’s arrival at the designated loading port (or first designated loading port in the case of multiple load ports). If award is made within 72 hours of ship’s arrival at the designated load port (or first designated loading port in the case of multiple load ports), the cargo equipment list shall be made available within 24 hours of award.

(4) Crew List. Crew, Vendor and Transient Vetting. The Contractor shall submit the Full Name, Billet, SSN, Date of Birth, Birth Country, City of Birth, State of Birth, U.S. Passport Number and Nationality for all crew members to MSCHQ/PM3 using the Government provided MSC/EPIC Force Protection Personnel/Crew list Submission Template to allow screening by the El Paso Intelligence Center (EPIC). The template must be filled out in its entirety by Owners and resubmitted electronically in Microsoft Excel format to the Charterer, at the following PM3 mailbox MSCHQ.PM5-screening.fct@navy.mil. Submit crewmembers as they are identified to go to the ship(s). When a crew member is replaced, only submit that crewmember instead of submitting the entire crew list again when the new crewmember is submitted. All new personnel must be screened at the beginning of the hiring process prior to being sent to the ship. All personnel shall be resubmitted and re-screened upon a change in contract or Contractor, upon transfer from one ship to another, and once in each 12-month period. A similar procedure shall be followed for all other Contractor personnel for whom unescorted access to the ships is required. MSC PM3 will notify the Contractor of any anomalous screening results requiring further action or investigation. Emails containing the Microsoft Excel attachment shall be written as follows:

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

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

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.

The Microsoft Excel attachment shall be password protected using the Microsoft password option. The password will be provided by MSCHQ N34. Access to personal information by contractor employees shall be on a need to know basis. To obtain the password, contact either Bruce Belden, 202-685-5378, bruce.belden@navy.mil or Chief Holman, 202-685-5556, derek.p.holman@navy.mil.

A Microsoft attachment can be password protected as follows: Open the template (spreadsheet) and click on Tools and then Options. In the Options drop down menu, click on Security. Then enter the password and click on OK. Then you will be asked to re-enter the password. Password is case sensitive.

(5) Any delay resulting from Owner’s failure to provide any of the information or drawings described in paragraphs (2) through (4), above, within the prescribed time frames shall be considered as time excluded under clause III(k)(3).

(6) 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.

(7) Upon award of this contract, the Contractor shall immediately notify all contractor personnel, who are or who will be employed by, or who are or who will be accompanying, United States Naval Forces outside the continental United States (OCONUS), and who are not a host country national ordinarily resident in the host country, that such personnel, and any dependents residing with such personnel, who engage in conduct OCONUS that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States as required by the Military Extraterritorial Jurisdiction Act of 2000, Pub. L. 106-523, 114 Stat. 2488, codified at 18 U.S.C. 3261 – 3267, as implemented by DoD Instruction 5525.11, “Criminal Jurisdiction over Civilians Employed by or accompanying the Armed Forces outside the United States.”

(8) Force Protection/Super Cargo. Notwithstanding any restrictions in this charter party to the contrary, Owner agrees to the embarkation of up to 12 armed force protection personnel and ten (10) supercargo as provided for under the Force Protection clause. In the event complying with this requirement exceeds the Vessel’s Certificate of Inspection (COI), Owner agrees to make reasonable efforts to obtain within two business days of award, all appropriate waivers so as to allow the Vessel to carry such additional personnel. If Owner is unable to obtain the necessary waivers, Charterer shall have the option to cancel this charter at no cost to the Government. The option to cancel shall be declared not later than 24 hours after the expiration of the aforementioned two-day period. The cost of any additional lifesaving equipment shall be for Owner’s account.

(9)Contact Information: Full Style of vessel and vessel’s owners/operators, and load/discharge port agents’ contact information.

(10) Intended Voyage Charter: Provide the vessel’s intended voyage schedule for all cargo loading and discharge ports along with the lay days for the cargo onboard the vessel.

(11) Notwithstanding any statement in III - Ports (MSC 5252.247-9805 (Jun 1998)) (1) Voyage, vessel shall be fully discharged of all cargo by close of business local on 16 March 2009 in Iwakuni, Japan

ADD: IN-TRANSIT VISIBILITY.

(1) The Military Sealift Command has implemented a fully automated satellite tracking system (ASTARS) for the purpose of providing In-Transit Visibility (ITV) of its vessels. To support this system MSC utilizes position data provided by a ship's INMARSAT-C Terminal (the terminal must have a GPS input). This is a critical requirement and is therefore mandatory.

(2) In order to initiate reporting and start receiving the required data from a ship, MSC needs to know the make and model of the INMARSAT C terminal, its registered identification number, and the specific satellite (POR, AORE, AORW, or IOR) it is currently logged on to. Once this information is received MSC technicians will remotely communicate with the terminal to activate reporting. When no longer required, MSC technicians will stop the terminal from reporting. MSC technicians may require some assistance from ship's personnel should problems occur. The ship's terminal will accrue a nominal cost associated with the sending of small data packets, said cost to be included in the offered rate.

ADD: MSC SHIPBOARD ANTITERRORISM/FORCE PROTECTION MEASURES (MSC 5252.247-9845 (NOV 2008).

(1) The owner agrees that the time or voyage chartered vessel will be under the tactical control of an MSC Sealift Logistics (SEALOG) Command. The SEALOG will advise the Master of the vessel of the applicable Force Protection Conditions (FPCON) and security measures he is required to implement.

(2) The Owner agrees that while under charter, 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. The 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.

(3) The Charterer reserves the right, at the Charterer’s sole option, to embark armed U.S. Armed Forces personnel at any time during the period of this Charter to protect U.S. Armed Forces personnel, cargo or equipment onboard the Vessel, or to protect the Vessel itself. 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. The Owner shall provide accommodations and victualling for these embarked personnel. The Charterer shall reimburse the Owner for all expenses relating to the embarkation force protection personnel as provided in this Charter for Supercargo.

(4) The Owner agrees to render all necessary assistance to U.S. Armed Forces personnel with respect to the identification and screening of crewmembers or such others as may be aboard the Vessel. The 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. The Owner agrees to replace any such crewmembers promptly and that such replacements will fully comply with all crew screening requirements. The Charterer agrees to reimburse the Owner for the reasonable costs directly incurred by the Owner with respect to such replacements.

(5) The Owner agrees to comply with the current vessel physical security measures required by relevant MSC Force Protection instructions or other security-related directions from MSC or U.S. military authorities for the threat condition of the area. This may include turning off the Automatic Identification System and Long Range Identification and Tracking system onboard the Vessel, or adopting other security measures. Additionally, the Owner of chartered vessels will comply with and implement the requirements of MSC’s current SHIPBOARD ANTITERRORISM/FORCE PROTECTION (AT/FP) PROGRAM instruction, COMSCINST 5530.3 Series, as revised, incorporated herein by reference.

(6) The owner agrees to comply with responsibilities addressed in “shipboard military force protection detachment authority to use force” contained in ALMSC 009/03 message. This message includes respective responsibilities of the vessel Master and Mission Commander of the embarked security team. The Charterer, through the MSC Sealift Logistics Command, will provide a copy of this message and MSC N3 Force Protection compliance outline memorandum dated 29 October 2008 to the vessel during the delivery inspection, if applicable, or as requested.

(7) The owner agrees that the Master and Embarked Security Team Mission Commander/Tactical Supervisor on watch shall work together to implement force protection measures. The Master will ensure that the Tactical Supervisor is aware of ship maneuvers. The Master shall be available to receive reports by the Tactical Supervisor of the tactical force protection picture to allow the Master to maneuver his vessel so as to best protect his vessel and crew.

(8) The owner agrees that the Master will participate in any embarked security team mission brief that may be given upon embarkation of the Mission Commander.

(9) The owner agrees to immediately report all FP incidents, warning shots, firing of flares, and disabling fire to the MSC Sealift Logistics Command. Long term time charters will follow Navy OPREP reporting requirements. In addition, all force protection threats, actions, and incidents will be entered into the vessel’s deck log or Force Protection journal as applicable.

(10) The owner agrees that the vessel will have an operational internal announcing system and hand-held megaphone.

(11) For time charters, the Charterer, through the MSC Sealift Logistics Commands, will provide a copy of the Military Sealift Command SHIPBOARD ANTITERRORISM/FORCE PROTECTION (AT/FP) PROGRAM, COMSCINST 5530.3 series and Standard Operating Manual, COMSCINST 3121.9 series during the delivery inspection.

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 (Oct 2008). Tailored language still applies.

MODIFY: II (k) – Add to the end of the first sentence “and for their account.” Delete the second sentence.

MODIFY: III(b)(1) – revise to read, “In the event Charterer furnishes and Owner loads cargo in excess of the maximum cargo quantity identified in Box 2, an overage rate shall be developed by dividing the lump sum rate in Box 19 by the cargo amount (e.g. TEU’S, FEU’S, Sq Ft; in the case of mixed cargo, 1 TEU shall equate to 160 Sq Ft, 1 FEU shall equate to 320 Sq Ft, and vehicles will be measured in square feet based on vehicle dimensions) specified in Box 2 (excluding allowable variations). One third the resultant per unit rate shall be payable on such excess quantity.”

MODIFY: III(j) and (k) - change “SSHEX” to “SSHINC.”

MODIFY: III(n)(1) – first sentence, delete the words “customary full form.”

MODIFY: III(n)(2) – Add the following sentence at the beginning of the subparagraph: “Trading limits of the vessel shall be worldwide.”

MODIFY: Part III(n) – add new subparagraph:

“(5) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation on all applicable insurance policies.”

DELETE: IV(d) – in its entirety.

MODIFY: IV(i)(1) – add the following sentence at the end of the subparagraph: “No other additional costs shall be reimbursable except as is expressly provided for in this charter.”

MODIFY: IV(i)(3) – change the second and third sentences to read:

“Provided, however, that no proportion of additional premia allocable to insuring an amount in excess of the coverage in place as of the Charter Party date shall be reimbursable by Charterer in respect of any of the foregoing war risk policies.

Provided further that Owner shall apply for and remit to Charterer as savings any rebates by reason of reductions in or rebates of premiums charged for entry into war risk exclusion zones.”

MODIFY: IV(i) – add new subparagraph: “(5) Owner must immediately notify Charterer of any changes in the Vessel’s commercial war risk insurance, including but not limited to, extensions of war risk exclusion zones and increases in commercial war risk insurance premiums. Owners must secure Charterer’s permission prior to entry into any commercial war risk exclusion zones before incurring liability for additional premiums.”

DELETE: IV(m) – in its entirety and substitute therefore the following:

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.

ADD: The following Part V clauses are called out:

(1) V(d) Loading and Discharging (F.i.o.s.s. with owner-furnished lashing gear) (MSC 5252.247-9852 (Jun 1998); Loading ports and Discharging

(2) MODIFY V(k) Supercargo and Government Representatives: “Charter shall pay an amount of $0.00 per day, per person covering all expenses including accommodations and victualling. Owner shall victual U.S. Government representatives, pilots, and Customs Officers when authorized by charter at $0.00 per meal.

(3) MODIFY V(g) Position Reports: Change last sentence to read:

“Said reports shall be issued by electronic-mail twice daily at 1200 and 2400 Zulu to the following addresses:

mschq-cargo@navy.mil sdo.msc@navy.mil pearson.best@navy.mil And issued by electronic-mail four times daily at 0300, 0630, 1230, and 1830 Zulu to the following addresses:

sealogeur.sdo@eu.navy.mil ”

MODIFY: The following Part V clauses are modified, but not called out under this RFP:

(1) V(ab)(4) – delete “$150,000” and substitute therefor “$200,000.”

MODIFY: VI - Incorporate revised clause 52.212-5 (Dec 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, 52.222-44, and 52.225-13.

MODIFY: VII - Incorporate revised clause 252.212-7001 (Dec 2008). The following clauses apply: 52.203-3, ,252.205-7000, 252.219-7003, 252.225-7012, 252.226-7001, 252.232-7003, 252.243-7002, 252.247-7024, and 252.247-7026.

MODIFY: VIII – Delete item (d), DFARS 252.204-7004.

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

MODIFY: X (c) - THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM UNTIL 1700 EST ON 18 February 2009.

MODIFY: X (d) - “Form of Submission: 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. 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/extensions may be faxed or mailed/carried to the address shown in Box 9 on the SF 1449.”

MODIFY: X – paragraph (b)(12), change reference to read “69 FEDERAL REGISTER 62898, Nov 7, 2007, or most current reference.”

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

MODIFY: XI – paragraph (a), change reference to read “69 FEDERAL REGISTER 62898, Nov 7, 2007, or most current reference.”

MODIFY: XII - Incorporate revised provision 52.212-3 (Jun 2008) and Alternate I (APR 2002).

MODIFY: XIII - Incorporate revised provision 252.212-7000 (Jun 2005).

Box 19:

CLIN Description

Unit Quantity Extended price

(TBD at award) Freight

(TBD at award) Demurrage

(TBD at award) Detention

(TBD at award) Surveyor’s Fee

(TBD at award) Reimbursables (Not to Exceed)

III. Instructions to Offerors

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

(1) Offeror’s signature

(2) Owner’s email

(3) Lumpsum price and demurrage/detention rate.

(4) Set of completed boxes (Ref (b), pages I-1 through I-7, as applicable)

(5) Completed Representations and Certifications (Parts XII and XIII, Ref (b)).

(6) Speed of Advance (SOA) laden and detailed itinerary.

(7) Load capacities of ship's gear/cranes/spreader bars, etc., that will service the assigned cargo spaces (or details of arrangements made ashore for vessel discharge).

(8) Evidence of International Shipboard Port Security (ISPS) compliance.

(9) Confirm lashings to be patent chain and binder lashings.

(10) State exact deck space available.

(11) Load capabilities of ship’s gear/cranes that will service the assigned cargo

(12) 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 XI(c) using the lump sum freight rate and 1 day demurrage/detention.

Signed: Kenneth Allen, Contracting Officer, MSC, N1033

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