10-5504 RFP.doc

16 January 2010 This is the Military Sealift Command, Sealift Program Management Office, Washington, DC

Subj: RFP N00033-10-R-5504 Ref: (a)

SF 1449

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

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

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

NOTE 2: Per Part X of the DRYTIME06 proforma, offerors are reminded to submit a DUNS number with their offer.

NOTE 3: Multiple or no awards may be made under this solicitation.

I. Standard Form 1449 Boxes

6. Solicitation Issue Date: 16 January 2010

7. Solicitation POC:

For Saturday, 16 Jan 2010: Jessica Chu, Tel: 202-685-5821, jessica.chu@navy.mil or Jim

Fischer, Tel: 202-685-5553, james.s.fischer@navy.mil For Sunday, 17 Jan 2010: Kenneth Allen, Tel: 202-685-5825, kenneth.allen@navy.mil For Monday, 18 Jan 2010: Olivia Bradley, Tel: 202-685-5531, olivia.bradley@navy.mil

8. Offer Due Date: 17 January 2010 @ 1100 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, FULL AND OPEN

14. Method of Solicitation: RFP

18a. Payment Will Be Made By: MSC (DODAAC N00033) Commander, Military Sealift Command (N83), Bldg. 157, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540.

18b. Submit Invoices to: Military Sealift Command MSC N-83, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540.

II. DRYTIME Boxes

1. Vessel(s) Required: U.S. flag or foreign flag tug / barge to support the movement of cargo in support of Haiti relief efforts. Vessel must be able to carry a minimum of 20,000 sq ft of cargo. Barge must be capable of self discharge via ramps and MHE or cranes to either lighterage or an unimproved beach. Cranes must have a minimum SWL of 20 Tons. Minimum speed of 8 knots (laden).

In accordance with the Cargo Preference Act of 1904 and Section IIIA.3 of the Voluntary Intermodal Sealift Agreement (VISA) (see 72 FEDERAL REGISTER 62898-62906, November 7, 2007, or most current reference), preference will be given to U.S. flag vessels and VISA participants. Under the Cargo Preference Act of 1904, any reflagging or repair work to: (1) enable the vessel to meet applicable standards to become a vessel of the United States; or (2) to convert the vessel to a more militarily useful configuration; must be performed in the United States.

2. Place/Range of Delivery: Hispaniola PORT IN CHOP

3. Place/Range of Redelivery: USEC or Caribbean PORT IN CHOP

4. Charter Period: 90 days with 90 day option period, with right to redeliver with 5 days notice at any time.

5. Laydays:

To be proposed by offerors. Acceptability of laydays at government’s sole discretion.

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

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

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

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

(3) 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 48 hours after contract award. 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.

(4) 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, josh.rall@navy.mil, zorn.sliman@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 (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. 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.

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 (Dec 2009). The following clauses apply:

52.203-6 (Sep 2006), 52.203-13 (Dec 2008), 52.219-4 (Jul 2005), 52.219-8 (May 2004), 52.219-9 (Apr 2008), 52.219-26 (Oct 2000), 52.222-3 (Jun 2003), 52.222-26 (Mar 2007), 52.222-35 (Sep 2006), 52.222-36 (Jun 1998), 52.222-37 (Sep 2006), 52.222-41 (Nov 2007), 52.222-44 (Sep 2009), and 52.232-34 (May 1999).

MODIFY: VII - Incorporate revised clause 252.212-7001 (Nov 2009). The following clauses apply: 52.203-3 (Apr 1984), 252.205-7000 (Dec 1991), 252.219-7003 (Apr 2007), 252.225-7012 (Dec 2008), 252.226-7001 (Sep 2004), 252.243-7002 (Mar 1998), and 252.247-7024 (Mar 2000).

MODIFY: VIII – The following clauses apply: 52.217-8 (Nov 1999), 52.232-18 (Apr 1984), 52.232-35 (May 1999), 52.245-2 (Jun 2007), 252.223-7002 (May 1994), 252.225-7040 (Jul 2009), 252.225-7043 (Mar 2006), and 252.247-7025 (Jun 2005).

ADD: VIII – The following clauses: 52.225-20 (Aug 2009) and 52.217-9 (Mar 2000).

MODIFY: VIII (c) Person to Contact from “Carolyn Merritt” to “Brenda Hunter”, Telephone Number from “202-685-5864” to “202-685-5878”, and Electronic Address from “carolyn.merritt@navy.mil” to “brenda.hunter@navy.mil.”

MODIFY: X(c) - AMEND TO READ “THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM UNTIL 1700 EST ON 19 JANUARY 2010.”

MODIFY: X(m) – Replace with: 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. Offers/extensions 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: 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. The Government considers the most advantageous offer to be the low priced, technically acceptable offer proposed by an offeror 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 74 FEDERAL REGISTER 53000-53002, October 15, 2009, 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 an offeror 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 factors shall be used to evaluate Offers:

(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, and any other costs set forth in the offer. For evaluation purposes the period of performance will consist of 180 days. This will represent the overall cost to the government.

(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 above notwithstanding, 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 an offeror 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.

MODIFY XII: INCORPORATE: - FAR 52.212-3 (Feb 2009)

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 otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have ( ), have not ( ), within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv)The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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) Signature of Owner or Owner’s Agent

(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.

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

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

(10) 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.

Signed: JAMES S. FISCHER, Contracting Officer, MSC, N1033

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