RFP 10-R-5503.doc

12 January 2010 This is the Military Sealift Command, Sealift Program,Washington, DC

Subj: RFP N00033-10-R-5503 Ref:

(a) SF 1449

(b) MSC SPECIALTIME 99 MSC Sealift Program, Code PM5, requests proposals for vessels capable of meeting each of the 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

2. Contract No.: Will be provided upon award

5. Solicitation No.: N00033-10-R-5503

6. Solicitation issue date: 12 January 2010

7. For solicitation information call or e-mail: Craig Miller, 202-685-5078, or Craig.Miller@navy.mil

8. Offer due date: 14 January 2010 at 0800 EST

9. Issued by: Commander, Military Sealift Command, Sealift Program, Code PM5, Bldg 210, Rm 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540, Fax: 202-685-5820

10: This acquisition is: SET ASIDE FOR SMALL BUSINESSES

14. Method of solicitation: RFP

18a. Payment will be made by: Military Sealift Command, MSC N-83, 914 Charles Morris Court, SE, Washington, DC 20398 18b. Submit invoices to: Commander, Military Sealift Command (N86), Bldg 157, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540

II. SPECIALTIME Boxes

1. Vessel required: This requirement is for one (1) U.S. Flag, Jones Act compliant vessel, to support the Navy’s Mobile landing Platform (MLP) testing.

HAZMAT: NO

VESSEL SHALL MEET THE FOLLOWING MINIMUM PARTICULARS:

· LOA shall be no more than 220 feet.

· Minimum warranted speed shall be 12 kts.

· Vessel will perform as the diver support vessel.

· Vessel will perform personnel transfer between the MLP and another ship.

· COI for a total of 20 persons in addition to the crew. Berthing for 11 persons in addition to the crew. Three buoy technicians and eight rescue divers are provided by the government.

· Vessel will provide meals for 20 passengers as required. Only 11 of 20 passengers will require berthing.

· Vessel Crew – as required for operating in support of testing up to 12 hours per day as buoy and safety platform.

· All crew must be US citizens and be able to pass background investigation (similar to MMD / TWIC investigation). No security clearances required.

· Time on station – vessel will be able to remain on station for at least 1 week without returning to port / refueling.

· US Flag – Vessel will be US flagged and owned by a US owned company. The vessel shall remain in compliance with all applicable regulations and regulatory agencies.

· Vessel will be required to have open deck space available to stow the following cargo with at minimum a 10% broken stowage factored in. Vessel will also be able to load, store, launch, recover, and discharge the following:

· One 9 meter RHIB (L 31' X W 10.5' X H 12', weight = 7,500 lbs in support of diver operations.

· One RHIB trailer, dimensions L 33.5' x w 8.25' H 4', weight = 2,400 lbs. The RHIB will be launched using vessel’s crane unless another means is provided with the vessel.

· One self contained containerized (standard 20-foot container) diver compression chamber (TRCS). Weight = 1 TEU (24,000 LBS)

· One Single-Moored buoy (deck stowage space required 8’ X 8’, weight = 250 lbs + 500 lbs for its anchor)

· Two Floating buoys (deck stowage space required 9’ X 9’, weight = 50 lbs)

· Vessel will be required to launch and recover a single moored buoy in support of testing. The buoy weighs approximately 200 pounds not including ground tackle and weighing up to 600 pounds.

· Floating buoys (2 total) – Vessel will be required to launch and recover two (2) floating buoys to collect environmental data several times throughout the day. The buoys weigh approximately 50 pounds.

· Line of sight communications will be maintained between the buoys and the ships. Buoy techs will operate the communications equipment.

· The RHIB boat, Single-Moored buoy, and Floating buoys must be able to be stowed in an unobstructed deck space that is available for the storage and deployment.

· The Single-Moored and the Floating buoys both require 6’ X 12’ of deck space to deploy the buoys.

· Vessel will provide communications as required by regulatory agencies to include as a minimum; VHF bridge to bridge (2) with antennae mounted above the bridge and INMARSAT C or similar for satellite text communications offshore

· Line of sight communications will be maintained between the buoys and the ships. Buoy technicians will operate the communications equipment.

Buoy requirements

Required Deck Space

Buoy

Use

Total

· The vessel will be designated as the primary man overboard recovery platform.

· In the event a wheeled vehicle enters the water the vessel will assist in recovering the driver and if able remain on station to assist with vehicle recovery operations.

· In the event a tracked vehicle enters the water the vessel will assist in recovering the driver and / or remain on station to assist with rigging emergency lifting system to permit the driver to escape from the vehicle. This may include operating as a diver support vessel.

· The vessel will perform as the environmental protection/oil spill response vessel in the event of any emergencies to include protection of the environment.

· The vessel shall be able to assist with personnel transfer ashore of a minimum 10 personnel as passengers in addition to crew, buoy techs and divers.

· The vessel shall provide 110V electrical power for diver support.

· Testing of shipboard equipment will not take place in excess of Sea State 4.

· Vessel must provide COI

· Vessel must provide General Arrangement with detail showing berthing configuration and laundry support.

· Vessel must provide statement of Dynamic Positioning capability.

· Vessel must provide ship particulars including ISPS Certificate

· Vessel must provide fuel tank soundings on-charter

· Full Style of vessel and vessel’s owners/operators, and port agents’ contact information.

· Provide the vessel’s intended schedule through delivery.

· Provide detailed diagrams of vessel deck NLT 72 hours prior to arrival at the loading port.

· If contract award date/time is inside the 72 hours window prior to arrival at designated loading said plans will be made available within 24 hours of the award of the contract.

· Vessel must identify all deck spaces to be provided for loading.

· Load capacities of ship’s gear/cranes that will service the assigned cargo spaces.

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

2. PLACE/RANGE OF DELIVERY: Tampa, Florida area, port INCHOP

3. PLACE/RANGE OF REDELIVERY: Tampa, Florida area, port INCHOP

4. Charter Period: About 45 days with one 30-day option, with option to cancel after 21 days with one day notice.

5. Laydays:

Commence: 20 January 2010 Cancel: 21 January 2010

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

(Addendum to FAR 52.212-4)

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

(1) Crew List. 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/PM5 (zorn.sliman@navy.mil, recap.ugraskan@navy.mil, josh.rall@navy.mil) 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.milor 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.

(2) Any delay resulting from Owner’s failure to provide the information in paragraph (1), above, within the prescribed time frames shall result in a corresponding increase in the time afforded to Charterer to accept delivery of the Vessel.

(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.

(4) 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.”

Reference is made to Secretary of Defense memo dated 10 March 2008; "UCMJ jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations."

(5) Notwithstanding any restrictions in this charter party to the contrary, Owner agrees to the embarkation of up to 12 armed force protection personnel 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.

ADD: FORCE PROTECTION.

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.

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: IMMUNIZATIONS. (U.S.-flag only)

(1) U.S. flag time chartered vessel services are considered essential contractor services to the Department of Defense in support of military and associated support missions. As a result, Masters, officers, crewmembers, and other individuals who are embarked on such vessels for Owner’s purposes, including but not limited to subcontractors, are considered contractor personnel performing mission essential services under DODI 3020.37, November 6, 1990, (Change 1, January 26, 1996), and are subject to the following:

a. Masters, officers, crewmembers and other individuals, as described above, who are embarked on any vessel subject to this charter must be medically pre-screened and immunized in accordance with Commander, Military Sealift Command (COMSC) policy, and any changes thereto, in effect or made during the period of this charter, including any options or extensions. Owner shall ensure that all Masters, Officers, crewmembers, and other individuals embarked on any vessel subject to this charter comply with all such immunization programs. Notification of immunization requirements pursuant to this section shall be provided to Owner by the Contracting Officer.

b. When immunizations are required pursuant to this clause, Owner must provide notification, as directed by the Contracting Officer, of the immunization status of all embarked personnel within 24 hours of fixture or award. Further, at any time during the contract period, the immunization status of any relief personnel scheduled to board the vessel is required no later than 96 hours prior to the personnel change, unless authorized otherwise by the Contracting Officer.

c. Any Master, officer, crewmember or other individual who refuses to comply with the immunization requirements, or who is ineligible for a particular required immunization as provided herein, shall be removed by Owner from the vessel as soon as possible, but not later than the next port call unless authorized by the Contracting Officer, and replaced with personnel who either have the required immunization or are eligible and will comply with the policy. Any removal and replacement of personnel pursuant to this clause shall be solely at Owner’s expense, including, but not limited to, travel, per diem, wages and associated administrative expenses.

d. Crew shortages resulting from the application of this section may subject the vessel to being placed off-hire.

MODIFY: Part I, box 18a - revised in its entirety to read as follows:

DELETE: Part I, boxes 18b- 20c

MODIFY: Part II – Incorporate revised clause 52.212-4 (March 2009). Tailored language still applies.

MODIFY: III(c) – add the following new sentence at the end of the paragraph: “Additionally, vessel shall provide position reports twice daily at 0600 and 1800 local Washington DC time to the following E-mail addresses:

MSCHQ.CARGO@NAVY.MIL

MSCHQ.BWC.FCT@NAVY.MIL

Timothy.pickering@navy.mil

MSC.COP.FCT@NMCI-ISF.COM

Recep.ugraskan@navy.mil

Josh.rall@navy.mil Zorn.sliman@navy.mil MODIFY: Part IV(b)(1) – delete and replace with – “The Vessel and all Associated Equipment shall be delivered to the Charterer at a port or place in accordance with Box 2 not later than 0700 hours local time (place of delivery) on the cancelling date stated in Box 5, the Owner giving written notice of readiness by that time to the appropriate Government representative at the port or place of delivery. Government inspection of the Vessel shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness. Hire shall commence upon acceptance of the Vessel by the Charterer but not before the commencing date stated in Box 5, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel or Associated Equipment not be ready in accordance with the provisions hereof by the cancelling date stated in Box 5, said cancellation to be declared not later than twenty-four (24) hours after 0700 hours local time (place of delivery) on the cancelling date stated in Box 5, should the Vessel not be ready by that time. This Article shall not limit any right of the Government under this Charter Party or any right to take any other action authorized by law.”

MODIFY: Part IV(c) – delete the last sentence.

MODIFY: Part IV(e) – replace the sentence that reads “Optional periods shall be declared not later than thirty days prior to the expiration of the period then current” with the following : “Optional periods may be declared at any time prior to redelivery of the vessel.”

MODIFY: Part IV(g) – the entire section is deleted and replaced with the following:

(1) General. During the full period of this Charter Party, Owner shall maintain marine insurance coverage on the Vessel, including Hull and Machinery, Protection and Indemnity (P&I), Pollution Liability, War Risk Hull and Machinery, War Risk P&I, and Second Seamen's War Risk. Except as otherwise provided in this Charter Party, the expense for such insurance coverages shall be for the Owner's account and shall be deemed to be included in the hire payable under this Charter Party. Except as otherwise noted, the Contractor is responsible for the payment of all insurance premiums, additional premiums, deductibles, and any calls, commissions, advancements, assessments, or overspill claims, by the insurers/Protection and Indemnity (P&I) club. The following minimum information is required:

(1) A copy of existing insurance policy.

(2) Trading Limits. If Vessel is sent beyond the limits of American Institute Trade Warranties or Institute Warranties (as applicable) under this Charter Party, Charterer agrees to reimburse Owner for the actual extra cost of additional premia and/or increased deductible levels, to the extent incurred, properly assessed by the Vessel's marine insurance underwriters and payable by the Owner, which extra cost is occasioned by the Vessel's trading beyond such limits.

(3) Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon Owner or Vessel by operation of law. Any amount due Owner under this paragraph (g) shall be subject to setoff by Charterer to the extent of any amount recovered under insurance carried by Owner, or to the extent of any amount recoverable under insurance required by subparagraph (1) above.

(4) Notification to Charterer. Owner shall, to the maximum extent practicable, keep the Charterer, through the Contracting Officer, currently informed in writing as to the potential vitiation, suspension, lapse, or termination of any of Vessel's insurance policies as a consequence of this Charter Party. 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.

(5) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel's Hull and Machinery policy (and the Increased Value policy if applicable), the Vessel's P&I entry, any additional pollution liability coverage, the Vessel's War Risk Hull and Machinery policy including P&I, and Second Seaman's War Risk.

MODIFY: Part IV (k)(1) – delete and replace with:

(1) Charterer’s Option. In addition to the 20 Government personnel described in Box 1, the Charterer shall have the option of carrying passengers, of assigning officers and/or enlisted men aboard the Vessel for duty purposes and of appointing supercargo (supercargo as used herein is both plural and singular) as far as accommodations and United States Coast Guard certification allow and in accordance with COMSC Instruction 3120.19 as amended. For such additional personnel only, the Charterer 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 Charterer. Charterer shall pay $0.00 per meal for all such authorized and approved victualling provided as a result thereof.

DELETE and REPLACE IV(p) with: (p) Fuel

(1) Delivery Bunkers. Upon delivery of the Vessel, the Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount and grade of fuel on board at the time of delivery with such additional verification as the Contracting Officer may require and the Charterer shall pay the Owner for such fuel at the current market price at the port of delivery upon certification and verification of such statement by the Contracting Officer, except that for charters where the vessel receives no bunkers during the course of the charter, the Charterer shall reimburse Owner for the amount of fuel used during the Charter at the current market rate at delivery port at time of delivery. The Charterer shall pay for the on-hire bunker survey if performed by an independent surveyor and required by the Contracting Officer. The Owner shall provide additional bunkers as may be required by the Charterer prior to the acceptance of the Vessel by the Charterer; and the Charterer shall reimburse the Owner all costs directly connected with the bunkering of the additional fuel, including but not limited to lighterage, dockage and similar charges, and taxes related therewith.

(2) Provision of Fuel. The Charterer shall ordinarily supply or cause to be supplied any or all of the fuel required by the Vessel during the period of this Charter. The grade of such fuel is to be specified by the Owner, and the grade supplied shall be at least that grade unless otherwise mutually agreed.

(3) Fuel Oil Sampling and Testing.

a. For charters exceeding six months, the Owner shall provide and install a "continuous drip-type" fuel oil testing flange to obtain fuel samples. The Charterer shall bear all costs for fuel testing. The Charterer will provide to the Owner all sample bottles, primary sample containers, seals, and prepaid mailers necessary for collecting and testing bunker fuel. During each bunkering, the Owner shall be responsible for collecting the primary sample by IMO MARPOL VI specified continuous drip sample method, and then generating four individual samples from the primary sample. All samples shall be clearly labeled, sealed and serialized. The four individual samples consist of the 1) MARPOL, 2) Offship Lab, 3) Vendor and 4) Offship Retest samples. The Owner shall retain the MARPOL sample in accordance with MARPOL VI regulations, mail the Offship Lab sample to the Charterer’s designated fuel lab using the prepaid mailer, offer the Vendor sample to the fuel supplier, retain the Offship Retest sample until the later of the time that the fuel is consumed or 90 days. The Owner shall record the serial numbers and disposition of all sample bottles in the Ship’s Log.

b. For charters of six months or less, the Owner shall perform and bear all costs associated with fuel testing. At a minimum the Owner shall collect, seal, and serialize a MARPOL VI retained sample and an Offship Test sample. The Owner shall have the Offship sample tested in accordance with ISO 8217:2005 for the fuel bunkered. All test results shall be forwarded by email to msc.mschq-fuel.fct@navy.mil .

Testing laboratory confirmation of compatibility and specifications of newly on-board delivered fuel shall constitute acceptance by Owner. The Vessel shall not be off-hire in the event of delay resulting from the supply of fuel found to be off specification, unless for want of due diligence by Owner. If the Owner loads such fuel on the Vessel at his own expense, the Charterer shall reimburse the Owner the reasonable expenses of such loading.

(4) Owner’s Purchase of Fuel. The Owner shall, if directed by the Charterer, purchase fuel for the Vessel, in which case the Charterer shall reimburse the Owner the cost of all fuel (excluding lube oils and slop removal) procured by the Owner and loaded in the Vessel during the period of this Charter. If the Owner is required to incur costs under this paragraph by the Charterer, the Charterer shall thereafter reimburse the Owner for the reasonable expenses of such fuel upon presentation of properly certified vouchers, supporting receipts, and other documentation which justify the charges as fair and reasonable in accordance with Part II(i) (Payment) above. The Owner shall not, however, be reimbursed any amount in excess of the current market price of such fuel at the place of loading plus all reasonable expenses incurred by the Owner in loading said fuel on board the Vessel. The title to all fuel for the cost of which the Owner is entitled to be reimbursed hereunder shall automatically pass to and vest in the Charterer upon delivery to the Owner or upon the happening of any other event by which title passes from the vendor or supplier thereof to the Owner, in the case of any such fuel which is purchased for the performance of this Charter. The Charterer shall be afforded all benefits of Owner's contracts for its fuel requirements, including but not limited to any savings addressed in paragraph (ab) (Savings) below.

(5) Off-Hire. If the Vessel should go off-hire during the period of this Charter, the Owner shall present to the Contracting Officer a statement certified by it or its authorized agent showing the amount of fuel on board at the time the off-hire period commenced and the amount of fuel on board when the off-hire period ended. The Charterer shall be credited for the cost of the fuel consumed during the off-hire period and also reasonable expenses incurred in loading such fuel, with such costs based upon costs at the previous refueling point.

(6) Redelivery. Upon redelivery of the Vessel, the Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount of fuel on board at the time of redelivery. A bunker survey conducted by an independent bunker surveyor approved by the Charterer shall be performed at the port of redelivery or such other place as the Charterer shall direct, at Owner's time and expense. The Charterer shall be credited with the value of fuel on board at the time of redelivery, computed at the current market price at the port of redelivery, except that for charters where the vessel receives no bunkers during the course of the charter, the Charterer shall reimburse Owner for the amount of fuel used during the Charter at the current market rate at delivery port at time of delivery.

(7) Reasonable Expenses. The term "reasonable expenses" as used in this paragraph, shall mean all reasonable costs excluding crew overtime which are necessarily incurred in loading said fuel on board the Vessel such as expenses incurred at tanker terminal; loading fuel from lighters, barges, or other craft used as lighters, including lighterage, lighter demurrage, or detention incurred; cost of shifting lighters for the convenience of the Vessel, handling lighter lines; and such similar expenses which the Charterer shall find were necessarily incurred in the loading of fuel on the Vessel during the period of this Charter.

DELETE: Part IV (q)

DELETE: Part IV (u) – in its entirety.

MODIFY: Part IV (w) SALVAGE – delete in its entirety and replace with the following:

(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: Part IV(af) – 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.

DELETE: Part V (d) – delete in its entirety MODIFY: Part VI (b) - Incorporate revised clause 52.212-5 (Dec 2009). The following clauses apply: 52.203-6 (Alt I), 52.219-8, 52.219-14, 52.222-3, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-39, 52.232-54, 52.247-64, 52.225-13, and 52.232-36.

MODIFY: Part VI (c) – The following clauses apply: 52.222-41 and 52.222-44.

MODIFY: Part VII - Incorporate revised clause 252.212-7001 (Jan 2009). The following clauses apply: 52.203-3, 252.225-7012, 252.226-7001, 252.243-7002, and 252.247-7024, 252.225-7040.

MODIFY: Part VIII – Replace with updated clause FAR 52.252-2 (Feb 1998).

The following clauses are updated:

52.217-8 (NOV 1999)

52.245-1 (JUN 2007)

252.247-7025 (JUN 2005)

PART VIII – DELETE : DFARS 252.245-7001

PART VIII – ADD: (DFARS 252.247-7026)

EVALUATION PREFERENCE FOR USE OF DOMESTIC SHIPYARDS — APPLICABLE TO ACQUISITION OF CARRIAGE BY VESSEL FOR DOD CARGO IN THE COASTWISE OR NONCONTIGUOUS TRADE (NOV 2008)

(a) Definitions. As used in this provision—

“Covered vessel” means a vessel—

(1) Owned, operated, or controlled by the offeror; and

(2) Qualified to engage in the carriage of cargo in the coastwise or noncontiguous trade under Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 12101, 12132, and 55102), commonly referred to as “Jones Act”; 46 U.S.C. 12102, 12112, and 12119; and Section 2 of the Shipping Act, 1916 (46 U.S.C. 50501).

“Foreign shipyard” means a shipyard that is not a U.S. shipyard.

“Overhaul, repair, and maintenance work” means work requiring a shipyard period greater than or equal to 5 calendar days.

“Shipyard” means a facility capable of performing overhaul, repair, and maintenance work on covered vessels.

“U.S. shipyard” means a shipyard that is located in any State of the United States or in Guam.

(b) This solicitation includes an evaluation criterion that considers the extent to which the offeror has had overhaul, repair, and maintenance work for covered vessels performed in U.S. shipyards.

(c) The offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair, and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years:

(1) Name of vessel.

(2) Description and cost of qualifying shipyard work performed in U.S. shipyards.

(3) Description and cost of qualifying shipyard work performed in foreign shipyards and whether—

(i) Such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity to the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or

(ii) Such work was paid for or reimbursed by the U.S. Government.

(4) Names of shipyards that performed the work.

(5) Inclusive dates of work performed.

(d) Offerors are responsible for submitting accurate information. The Contracting Officer—

(1) Will use the information to evaluate offers in accordance with the criteria specified in the solicitation; and

(2) Reserves the right to request supporting documentation if determined necessary in the proposal evaluation process.

(e) The Department of Defense will provide the information submitted in response to this provision to the congressional defense committees, as required by Section 1017 of Pub. L. 109-364.

MODIFY: Part IX – Add (f) Past Performance Questionnaire

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

MODIFY: Part X FAR 52.212-1 (Addendum) to include the following:

MODIFY: ADD as X(b)(12): In accordance with DFARS 252.247-7026(c), “the Offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair, and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years:

(1) Name of vessel.

(2) Description and cost of qualifying shipyard work performed in U.S. shipyards.

(3) Description and cost of qualifying shipyard work performed in foreign shipyards and whether—

(i) Such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity to the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or

(ii) Such work was paid for or reimbursed by the U.S. Government.

(4) Names of shipyards that performed the work.

(5) Inclusive dates of work performed.

MODIFY: X(c) - THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM UNTIL 1700 EST ON 15 January 2010 ADD: X (k) – Form of Submission: Delete and substitute the following information:

“Proposals may NOT be submitted via telex. Offers/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 may be faxed or mailed/carried to the address shown in Box 9 on the SF 1449.”

MODIFY: X – DELETE Addendum.

MODIFY: Part XI – delete in its entirety and substitute the following:

(a) To be eligible for award, an offeror’s proposal must be determined technically acceptable, i.e. in conformance with the terms of this solicitation. Award will be made to the responsible offeror whose technically acceptable proposal with satisfactory past performance represents the lowest price to the Government, with consideration given to the extent that offerors conduct shipyard work in U.S. shipyards.

(b) Technical. The offeror’s proposal will be evaluated based on technical capability of vessels proposed.

(c) Price. The offeror’s price proposal will be evaluated based on the value of the charter hire rates offered for the entire charter period, cost of fuel (based on DESC FY 10 fuel prices and proposed fuel consumption in Box 63), and any other costs set forth in the offer. For evaluation purposes the period of performance will consist of 75 days. Therefore, fuel calculations will be based upon 59 days underway laden at 12 knots (SPECIALTIME Boxes 88 & 91), 0 days ballast at 12 knots (TIME Boxes 90&91), 16 days in port (idle) (TIME Box 92a), 0 days in port (discharge) (TIME Box 92b). This will represent the overall cost to the government.

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

$936.44

IFO-180

per metric ton

$597.52

IFO-380

per metric ton

$592.20 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

(d) 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.

(e) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

MODIFY: Part XII - Incorporate revised provision 52.212-3 (Feb 2009) and Alternate I.

MODIFY XII: ADD: - FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (Dec 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are ( ) are not ( ) presently indicted for, or…