5516 RFP.doc

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

Subj: RFP N00033-09-R-5516 Ref: (a)

SF 1449

(b) MSC DRYTIME 06 (Revised 02/06)

MSC Sealift Program Management Office, Code PM52P, 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), 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.

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-5516

6. Solicitation Issue Date: 27 February 2009

7. For Solicitation Information Call: Troy Francis 202-685-5560 or troy.francis@navy.mil

8. Offer Due Date: 03 March 2009 at 0900 hours, EST

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: 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. DRYTIME Boxes

1.Vessel(s) Required: Request a U.S. flag or foreign flag self-sustaining RO/RO or RO/LO combination vessel to support the deployment of 60 RG31s at a minimum of 15 knots underway laden. Cargo is approximately 10,200 sq. ft. and 2,298 MTONS. All non containerized cargo must be stowed under deck.

Cargo Dimensions: (for each individual piece) Length:

277 in

Width:

99 in

Height:

124 in

Weight:

29,101 lbs

2. Place/Range of Delivery:

Durban, South Africa

3. Place/Range of Redelivery:

Ash Shuaybah, Kuwait

4. Charter Period: About 20 days

5. Laydays: Commencing: 12 March 2009

Canceling: 12 March 2009

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

ADD: SPECIAL REQUIREMENTS. (Addendum to FAR 52.212-4)

(1) 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 zero (0) 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. Part IV(ad) shall apply.

(2) Vessel is to be fully bunkered when presented (NOR tendered).

(3) Notwithstanding anything in III(h) to the contrary, the vessel shall be equipped with sufficient lashing points and gear to secure the cargo.

(4) 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.

(5) 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.

ADD:

OCONUS CONTRACTOR CONDUCT.

(1) 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.”

MODIFY: III(c) (1) - add new sub-subparagraph: “(vi) Position Reports. Position reports shall be issued by electronic mail to MSCHQ-CARGO@navy.mil, timothy.pickering@navy.mil, MSCHQ.SDO@navy.mil, slecargo@eu.navy.mil, Scott.merry@eu.navy.mil and larry.riley@navy.mil twice daily at 1200 and 2400 Zulu time.

MODIFY: IV(c) – Delete second and third sentences.

MODIFY: IV (g)(4) – Add the following to the end of the paragraph: “All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government’s interest shall not be effective unless the Contractor provides written notice of the same to the Contracting Officer.”

MODIFY: IV (k)(2) – delete last two sentences and substitute therefore: “The Owner shall provide sufficient lifesaving equipment for such personnel in accordance with SOLAS and all other applicable regulatory requirements.

MODIFY: IV (ad) – Replace with: 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.

MODIFY: IV (ag)(3) – Replace with:

Crew List. The Contractor shall submit the Full Name, Billet, SSN, Date of Birth, Birth Country, City of Birth, State of Birth, Passport Number and Nationality for all crew members to MSCHQ/PM5 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 PM5 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 PM5 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.

MODIFY: V– The following Part V clause is called out: V(f) No Cost Cancellation; second sentence: modify “one business day” to read “96 hours”

MODIFY: VI - Incorporate revised clause 52.212-5 (Jan 2009). The following clauses apply:

52.222-3, 52.203-6, 52.219-4, 52.219-8, 52.219-9, 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: VII - Incorporate revised clause 252.212-7001 (Jan 2009). The following clauses apply: 52.203-3, 252.205-7000, 252.225-7012, 252.226-7001, 252.243-7002, 252.247-7024 and 252.247-7026.

MODIFY: VIII – The following clauses apply: 52.217-8, 52.232-18, 52.232-35, 52.245-2, 252.223-7002, 252.225-7040, 252.225-7043, 252.245-7001, 252.247-7025.

MODIFY: X(c) - AMEND TO READ “THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM UNTIL 1700 EST ON 03 MARCH 2009.”

MODIFY: X(m) – Replace with: Proposals may NOT be submitted via telex. Proposals, including offer extensions, may be submitted via e-mail to the e-mail specified in 1449 box 7 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, including offer extensions, may be faxed or mailed/carried to the address shown in Box 9 on the SF 1449.

MODIFY: XI

XI(a)- The Government will award contract(s) resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, Price and other factors considered. The following factors shall be used to evaluate Offers:

XI – Fill in as follows:

(i) Technical Acceptability

(ii) Price. The offeror’s price proposal will be evaluated based on the value of the charter hire rates offered for the entire charter period (base period plus option), cost of fuel (based on DESC FY 08 fuel prices), and any other costs set forth in the offer including the option for commercial force protection for foreign flag vessels. For evaluation purposes the period of performance will consist of 20 days. Therefore, fuel calculations will be based upon 18 days underway laden at 15 knots (DRYTIME Boxes 68 and 70), 1 day in port loading (idle) (DRYTIME Box 71), and 1 day in port discharging (DRYTIME Box 71).

(1) Fuel consumption calculations will be made using the following Defense Energy Support Center (DESC) standard prices and appropriate fuel conversion factors. The rates to be used are as follows:

MGO/MDO

per metric ton

$564.39

IFO-180

per metric ton

$359.06

IFO-380

per metric ton

$355.86 Note: Bunker C will be equated to IFO-380, if necessary. If a Vessel to be offered consumes fuel other than the above, the Offeror shall request, prior to offers being received, that rates for that fuel be posted via an amendment.

Fuel conversion factors are as follows:

MGO/MDO:

7.462 barrels per metric ton

IFO-180:

6.528 barrels per metric ton

IFO-380:

6.467 barrels per metric ton

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The proposed price will be evaluated for price reasonableness. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(iii) Past Performance. Offerors will be evaluated on their performance under existing and prior contracts for similar services and as otherwise detailed in the solicitation. Information obtained from references listed in proposals, other customers known to the Government, and other sources of useful and relevant information will be considered.

(1) 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.

(2) Offerors will be given the opportunity to address unfavorable reports of past performance.

(3) Offerors without a past performance history relating to this solicitation shall receive a neutral evaluation.

The Government will make awards that it determines to be in its best interest considering the combination of all four lifts that achieves the lowest priced, technically acceptable award proposed by offeror(s) with acceptable past performance. However, award preference for U.S. Flag vessels and award priorities for vessels enrolled in the Voluntary Intermodal Sealift Program (VISA, at 72 FEDERAL REGISTER 62898, Nov 7, 2007, or most current reference) and for VISA Participants (see sec. VI.A.2. of VISA) will be applied to the Government’s evaluation of offers. Award will be made, if at all, to those offeror(s) in the highest priority (among those offers received) set forth in sec. III.A.3. of VISA, in accordance with the award criteria set forth above.

THE FOLLOWING CHANGE APPLIES TO FOREIGN FLAG OFFERS ONLY:

MODIFY: IV(k) - delete subparagraph (4) in its entirety.

17. ADD:

CLIN (TBD at award): Charter Hire $______TBD_________

CLIN (TBD at award): Reimbursable (Fuel) Not to Exceed $______TBD_________

CLIN (TBD at award): Reimbursable (Port Charges) Not to Exceed $______TBD_________

CLIN (TBD at award): Reimbursable (Other) Not to Exceed $______TBD_________

III. Instructions to Offerors

A. Submission of Offers. Offerors shall comply with Part X for submission of offers. Additionally, offers shall include the following:

(1) Range at 15 knots, type of fuel, and burn rates while in port, underway laden at 15 knots, and underway ballast at 15 knots.

(2) Load capacities of ship’s gear/cranes/ spreader bars, etc., that will service the assigned cargo spaces.

(3) List of cargo handling equipment on ship (e.g. forklifts, spreader bars, etc).

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

(5) Owner Representations and Certifications.

(6) Vessel International Maritime Organization (IMO) Number.

(7) Vessel Call Sign.

(10) Vessel International Maritime Satellite Comm. – Phone (INMARSAT) Number.

(11) Acknowledgement of MSC DRYTIME 06 (Revised 02/06).

(12) IMDG Certificate.

(13) Owners full style e-mail address and point of contact to be used in conjunction the

Government's web-based post-contract performance information system, CPARS, which stands for Contractor Performance Assessment Reporting System.

Instructions to be provided post-award.

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

Signed: James Fischer, Contracting Officer, MSC, N1033