RFP TANKVOY-5102.doc

05 November 2010 This is the Military Sealift Command, Sealift Program Management Office, Washington, DC

Subj:

RFP N00033-11-R-5102

Ref:

(a) SF1449

(b) MSC TANKVOY 12-02 MSC Sealift Program Management Office, Code PM51, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available on the MSC web site at http://www.msc.navy.mil, under “Contracts,” then “Proforma,” or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

NOTE: 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: Attention is called to the shipyard reporting requirements reported below in 252.247-7026.

NOTE: Unsigned offers will not be considered for award

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N00033-11-R-5102

6. Solicitation Issue Date: 05 November 2010

7. For Solicitation Information: Contact Steven Galer at 202-685-5380 or at steven.galer@navy.mil.

8. Offer Due Date: No later than 1000 local time, Washington D.C., on 09 November 2010

9. Issued By: Military Sealift Command, Sealift Program Management Office, PM51, Bldg. 210, Rm. 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540, (Code: N00033) Fax: (202) 685-5850

10. This Acquisition is: UNRESTRICTED

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: Commander, Military Sealift Command (N-83), Bldg. 157, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540 II. TANKVOY Boxes

1. Vessel required:

One clean, approved U.S. flag JONES ACT double hull tanker or tug/barge unit with IGS and SBT that is capable of carrying 150,000 BBLS (about 19,200 LT) of at least two clean petroleum products (intentions JP5 and JP8), in designated cargo tanks with double valve isolation and with the following minimum particulars:

· Vessel must be MARPOL/OPA-90 compliant.

· Vessel must comply with applicable USCG regulations.

· Vessel must have current vetting approval from at least two major oil companies (i.e. Shell / BP / ExxonMobil, etc).

· Vessel must be a party to the SIRE System and provide a current Q-88 with offer (no more than 60 days old).

· Vessel must possess current ISM Certification and International Ship Security Certificate.

· Vessel must have Segregated Ballast Tanks (SBT) and Inert Gas System (IGS).

· Vessel must indicate Supercargo carrying capacity as vessel may be required to carry up to 12 armed U.S. military personnel for security reasons. (Owner must provide additional lifesaving equipment in accordance with applicable SOLAS/USCG requirements.)

· Vessel must have the ability / be equipped to perform cargo operations pierside.

· Vessel must hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection. All cargo tanks must be free of loose rust, previous cargo residues and films (including dyes), significant salt deposits and other impediments that could impact the quality of the cargo to be loaded.

· Vessel must arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by Quality Assurance Representative (QAR). Ensure any adjacent tanks are also clean and gas free. Contractor shall provide (Owner's account) a Certified Marine Chemist to certify tanks safe for entry for internal tank inspection by Government / Charterer representative. Contractor will provide time needed to re-inert after inspection. If a prior (last and next to last) cargo contained a percentage of benzene, Owner’s Certified Marine Chemist must also measure toxicity for Benzene content and certify safe for entry. All safe for entry / toxicity / flammability assessments will be performed in the presence if the inspecting QAR.

· The use of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, fittings, etc. is not permitted in vessels chartered by MSC to carry petroleum products, unless vessel possesses a current DESC waiver.

· If vessel cargo tanks have heating coils, provide the coil type or composition (such as stainless steel, copper, etc.), date that the heating coils were last used and pressure tested, and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this charter. Vessel tanks with copper or yellow metal compounds are normally not acceptable for Jet Fuel cargoes.

· If vessel cargo tanks are coated, provide the coating type (epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. If tanks are not coated then state “none”. Coatings that are incompatible with the fuel to be carried will be rejected.

· Vessel must provide Certificates of Quality for last and next to last cargoes. These Certificates should contain all test data required by specification for the products that were previously loaded (last and next to last). They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of “typical” are not acceptable. Additionally the following are required for the specific products mentioned:

1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or “mass percent”, or Doctor Test (ASTMD 4952).

2. Gasoline (Motor or Aviation): State whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

· Vessel must be able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.

· Vessel must meet all MSC requirements for reporting: see (1) V(a) below.

2. Cargo description:

· 100,000 BBLS JP8 for Anchorage

· 50,000 BBLS JP5 for Kodiak

· Cargo may be loaded as part/parcel together with other commercial cargo(es) as long as segregation in designated cargo tanks with double valve isolation is maintained and first in/first out is agreed.

3. Load Port:

· Navy Fuel Depot, Manchester, WA (USA)

4. Discharge Ports:

· Pol Pier, Anchorage, AK (USA)

· USCG station, Kodiak, AK (USA)

6. Laydays:

Commencing: 28 November 2010

Canceling: 30 November 2010

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

(Addendum to FAR 52.212-4)

ADD: SPECIAL REQUIREMENTS.

(1) Note: When submitting an invoice, please additionally send an email to HQTankers@navy.mil referencing the AWB/tracking number, invoice number, vessel name, amount of invoice, and a brief description of the nature of the invoice.

(2) 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 crewmember information as they are identified to go to the ship(s). When a crew member is replaced, only submit that crewmember’s information 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 information shall be resubmitted and all personnel shall be 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 4 working days 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.

(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 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) Force Protection/Supercargo: Notwithstanding any restrictions in this charter party to the contrary, Owner agrees to the embarkation of up to 12 armed force protection personnel 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: IN-TRANSIT VISIBILITY.

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

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

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

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

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

(3) The Charterer reserves the right, at the Charterer’s sole option, to embark armed U.S. Armed Forces personnel at any time during the period of this Charter to protect U.S. Armed Forces personnel, cargo or equipment onboard the Vessel, or to protect the Vessel itself. These force protection personnel will provide security in accordance with rules of engagement established by competent U. S. military authorities and will operate under the command of such authorities. The Owner shall provide accommodations and victualling for these embarked personnel. The Charterer shall reimburse the Owner for all expenses relating to the embarkation force protection personnel as provided in this Charter for Supercargo.

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

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

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

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

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

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

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

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

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

ADD: SALVAGE.

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

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

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

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

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

ADD: DEMURRAGE/DETENTION DOCUMENTATION. In the event of demurrage/detention, all supporting documents as identified in TANKVOY III(d)(3) shall be submitted to the Contracting Officer for approval prior to submission of demurrage/detention invoices. After receiving the Contracting Officer's concurrence, Owner may submit demurrage/detention invoices to the office identified in Box 18b of SF 1449.

MODIFY: II – Incorporate revised clause 52.212-4. Tailored language still applies.

MODIFY: II(k) – First sentence: add the following to the end of the sentence “and for their account.” Second sentence: Delete in its entirety.

MODIFY: III(b)(1) – revise to read, “In the event Charterer furnishes and Owner loads cargo in excess of the maximum cargo quantity identified in Box 2, an overage rate shall be developed by dividing the lump sum rate in Box 19 by the cargo amount. One third the resultant per unit rate shall be payable on such excess quantity.”

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

MODIFY: III(p)(4) – first sentence, delete the word “customary.”

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

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

DELETE: IV(d) – in its entirety.

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

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

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

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

MODIFY: IV (i) (3) - change the fifth sentence to read:

"Alternatively, with respect to any area(s) excluded by war risk trading warranties under Owner's commercial war risk insurance coverage in Charterer's sole option and at no cost to the Government, Charterer may delete this sub-paragraph (i)(3) with twenty-four hours notice in which case: (1) Part V (m) (Voyage Charter War Risk Coverage) shall automatically be effective in such area; or (2) the Government shall offer an indemnity under Public Law 85-804."

MODIFY: IV(i) – add new subparagraph:

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

MODIFY: IV(m) – renumber existing subparagraphs (2) and (3) as (9) and (10), respectively. Delete existing subparagraph (1) in its entirety and substitute therefore the following:

REIMBURSABLE SUPPLIES AND SERVICES (CHARTERS) (MAR 2005)

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

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

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

(ii) Identification of the proposed subcontractor and price.

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

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

ADD: The following Part V clauses are called out:

(1) V(a) Position Reports

(2) V(e) Supercargo and Government Representatives

(3) V(m) Voyage Charter War Risk Coverage

MODIFY: The following Part V clause is modified.

(1) V(a) Delete last sentence and substitute therefore the following: “Vessel shall provide position/status reports in-port and at-sea every six (6) hours daily at 0000, 0600, 1200, and 1800 hours local Washington, DC time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hr pre-arrival notifications for all ports to Area Command and COMSC PM51. Vessel shall indicate all cargo tanks are clean, gas free, and ready for QAR inspection upon arrival delivery/first load port. Reports shall be sent to the following email addresses:

THOMAS.M.BROWN@NAVY.MIL

THOMAS.E.BROWN@NAVY.MIL

RICHARD.APPLING@NAVY.MIL

DAVID.T.COULTER@NAVY.MIL

JENNIFER.BALL@NAVY.MIL

LARRY.LARSSON@NAVY.MIL

COMSEALOGPAC.SAN.DIEGO.CA.CEL@NAVY.MIL

HQTANKERS@NAVY.MIL

MSCHQ.BWC.FCT@NAVY.MIL

MODIFY: The following Part V clause is modified.

(1) V(m)(2)(b) – delete “$150,000” and substitute therefore “$200,000.”

MODIFY VI: ADD: All FAR and DFARS clauses included in this RFP are to be the most recent version as of 05 November 2010.

MODIFY: VI - Incorporate revised clause 52.212-5. The following clauses apply: 52.203-6, 52.203-13, 52.219-4, 52.219-8, 52.219-9, 52.219-14, 52.219-26, 52.222-3, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-41, 52.222-44, 52.232-34, and 52.233-3; Amend Carolyn Merritt to read Brenda Hunter (Brenda.hunter@navy.mil).

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

ADD: 252.247-7026 as follows: 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: VIII – Delete DFARS 252.204-7004. Delete DFARS 252.245-7001. Update clauses DFARS 252.225-7043 and DFARS 252.247-702; Amend Carolyn Merritt to read Brenda Hunter (Brenda.hunter@navy.mil). Delete FAR 52.245-2 and replace with FAR 52.245-1 MODIFY: X - Incorporate revised provision 52.212-1. Tailored language still applies.

MODIFY: ADD X(b)(13): 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) – Amend to read “The offeror agrees to hold the prices in its offer firm until 1700 local time, Washington D.C., on 11 November 2010”.

ADD: X (d) – “Form of Submission:

Proposals may NOT be submitted via telex. Proposals, including offer extensions, may be submitted via e-mail to e-mail address specified in box 7 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, including offer extensions, may be faxed or mailed/carried to the address shown in Box 9 on the SF 1449.”

MODIFY: XI(a)- First sentence: delete in its entirety. Second sentence: revise to read “Award to be made, if at all, to a US Flag, Jones Act Vessel in accordance with the award criteria set forth below.”

MODIFY: XI(c)- Change last sentence to read “Award will be made to the responsible offeror whose technically acceptable proposal, in the highest of the priorities referenced in paragraph (a) above, represents the lowest overall cost to the Government, price and price related factors, past performance, and the extent to which offerors have shipyard work conducted in U.S. shipyards considered.”

REPLACE: XI(d) – The Government will evaluate offers for award purposes by adding the total price for the basic requirement including one-day demurrage.

MODIFY: XII - Incorporate revised provision 52.212-3 and Alternate I.

MODIFY: XIII - Incorporate revised provision 252.212-7000.

MODIFY XIII: ADD: - FAR 52.209-5 Certification Regarding Responsibility Matters

(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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(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 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.

Box 19a: Modify all CLINs by deleting CLIN numbers and substituting therefore “(TBD at award).” Delete third CLIN and substitute therefore “CLIN (TBD at award) III. Instructions to Offerors:

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

- Shipyard information, as described above and per the attached sheet.

- Owners full style e-mail address 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.

- Offeror’s or authorized agent’s signature.

- Information pursuant to Part I Boxes and Parts XII and XIII Representations and Certifications.

- With respect to last and next to last cargoes (boxes 29 and 30), provide quality certificate(s): (1) Naphtha/condensates, mercaptan sulfur, reported in “parts per million” or “mass percent”, or doctor test (ASTM d 4952) (2) gasoline (motor or aviation): it must state whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

- Evidence of International Safety Management (ISM) and International Shipboard Port Security (ISPS) compliance.

- The following information:

a. Has your vessel been inspected by a major oil company? Date? What companies? Where?

b. Has your vessel been inspected in accordance with current OCIMF standard? Date? Where?

c. Does your vessel fully comply with the ISM code? Does your vessel possess a valid safety management certificate and document of compliance?

d. Vessel hull value is: _____________________

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

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

SIGNED DAVID JULIAN, CONTRACTING OFFICER, MSC

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