N32205-16-R-3203_RFP.docx

16 November 2015

This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office

MARKET SURVEYS, RFPS, AMENDMENTS AND CONTRACT AWARDS WILL BE POSTED TO THE FEDBIZOPPS WEBSITE (ONLY) UNTIL FUTHER NOTICE.

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N32205-16-R-3203

Ref: (a) SF 1449

(b) MSC TANKVOY 2013 Rev 1 (10-13)

This acquisition is being conducted under FAR 13.5 Test Program for Certain Commercial Items MSC Strategic Sealift Program Support Office, Code N103B, 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.

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-16-R-3203

6. Solicitation Issue Date: 16 November 2015

7. For Solicitation Information: Christian Grau; e-mail: christian.grau@navy.mil;

202-685-5820

8. Offer Due Date: 18 November 2015 at 1000 hours, Eastern Time.

9. Issued By: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP 64, Naval Station Norfolk, VA 23511-2419, (Code: N32205)

10. This Acquisition is: UNRESTRICTED NAICS CODE: 483111

14. Method of Solicitation: RFP 18a. Payment will be made by: SEE Part VIII (4) WAWF Submit electronic invoices IAW WAWF contract clause, MSC Worldwide DC ANY (MAY 2013) 18b. Submit invoices to: SEE Part VIII (5) MSC WIDE AREA WORKFLOW (WAWF)

INSTRUCTIONS (AUG 2012)

27a. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 and 52.212-5 are incorporated by full text.

PART I - TANKVOY BOXES:

1. VESSEL(S) REQUIRED:

a) One clean approved U.S. or foreign flag, double hull tanker with IGS and SBT that is capable of carrying from Onsan, Korea to Ulsan, Korea, a minimum of 210,000 bbls of JP8 within vessel’s natural segregation in designated cargo tanks with double valve isolation and with the following minimum particulars:

b) Under Cargo Preference Act of 1904. Preference will be given to US Flag.

c) Vessel must be a party to the SIRE System and provide a current Q-88 with offer (no more than 60 days old). Q-88 must detail current acceptances and dates of inspection.

d) Owners must provide list of approvals that include the inspection dates and expiry dates.

e) At the date of offer for this charter there must be a SIRE report on the vessel which has been registered in the SIRE register which is less than 6 months old at all times during the performance of this contract.

f) Vessel’s age shall be less than 15 years for the duration of the charter.

g) Vessel must have Segregated Ballast Tanks (SBT).

h) Vessel must have an Inert Gas System (IGS).

i) Owner must provide a copy of vessel’s current ISM / Safety Management Certificate.

j) Owner must provide a copy of vessel’s current International Ship Security Certificate.

k) Owner must provide vessel stowage plan demonstrating vessel’s ability to load a minimum of 210,000 bbls JP8 (After re-measuring DWT below 32,000 MT).

l) Owner must provide vessel itinerary from offer to arrival laydays at load port ready for tank inspection.

m) Owner must confirm vessel will 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 of the inspecting QAR.

n) Owner must provide, if vessel cargo tanks have heating coils, coil type or composition (such as stainless steel, copper, etc.).

o) If vessel cargo tanks have heating coils, owner must provide the date heating coils were last 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.

p) Owner must provide, if vessel cargo tanks are internally 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.

q) Owner must provide copies of Certificates of Quality for last three cargoes. These Certificates should contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality should contain the test data required by the specification for the product which were loaded. 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). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.

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

r) Owner must confirm if the last three cargoes carried were FAME (Fatty Acid Methyl Esters) free. If tanks did contain FAME owners must provide a statement stating the vessel cargo tanks were cleaned / conditioned in accordance with the guidance in Energy Institute HM50.

s) Owner must confirm 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.

t) Owner agrees where cargo is carried after contract award and prior to delivery to provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the Government shall result in the Government cancelling this contract at no cost to the Government.

u) Vessel must meet all MSC requirements for reporting. 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.

v) Confirm that owners agree to all other terms and conditions as per TANKVOY 10/13. Counters to TANKVOY 10/13 terms are not acceptable until written confirmation is provided by the charterer.

1. CARGO:

MINIMUM 210,000 BBLS JP8

2. INTENDED LOADING PORT/PLACE:

ONSAN KOREA (SOIL TERMINAL)

PORT RESTRICTIONS (WOG):

3. INTENDED DISCHARGE PORT/PLACE:

ULSAN KOREA

PORT RESTRICTIONS (WOG)

4. ROUTE: N/A

5. LAYDAYS:

7. TERMS AND CONDITIONS:

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

AMEND PART IV(h)(1): Amend the penultimate sentence to read: "In the event of the existence of said risks, the Charterer shall, to the extent provided in this paragraph (h), assume provable additional costs of wages (including all additional bonuses and payments required) and insurance and all taxes associated therewith properly incurred by the Owner as a consequence of service under this Charter Party, except that no additional costs for wages or insurance shall be payable by the Charterer is such additional costs were known or should have been known by Owner at the time that Final Proposal Revisions were due; in such a case, paragraphs (2), (3), and (4) of this paragraph (h) shall not be applicable."

AMEND PART VI: TO READ: FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2015): Checked boxes remain unchanged.

AMEND (5) TO READ 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements – RESERVED.

ADD 52.204-14, Service Contract Reporting Requirements (JAN 2014) – CHECKED AMEND (8) TO READ: 52.209-10 Prohibition in Contracting with Inverted Domestic Corporations (DEC 2014) CHECKED

AMEND PART VI (ix) TO READ: 52.222-50 Combating Trafficking in Persons (MAR 2015); Alternate I (MAR 2015) – CHECKED

ADD: FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror’s knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

AMEND PART VIII (b)(8) TO READ: DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013); CHECKED

AMEND PART VIII (b)(12): TO READ: DFARS 252.215-7008 Only One Offer (OCT 2013) ADD PART VIII(b)(21) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) - CHECKED ADD PART VIII(b)(21) FAR 52.232-18 Availability of Funds (Apr 1984) – CHECKED

ADD 252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) (OCT 2015) ADD 252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) (OCT 2015)

ADD 252.225-7993 Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) (SEP 2015)

ADD 252.225-7981 Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (Deviation 2015-O0016) (SEP 2015)

AMEND PART X (b)(10): DELETE (10) in its entirety and REPLACE it with the following: Past performance information shall include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

AMEND PART X (c): TO READ: “Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The forgoing does not preclude an offeror from withdrawing its offer prior to award.”

AMEND PART X (n): TO READ: “RESERVED.”

AMEND PART XI. (a) replace first sentence in paragraph (a) to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror (See Note (1) below) whose technically acceptable proposal with acceptable past performance represents the lowest price to the Government.

AMEND PART XI (d) a.: delete a. in its entirety and replace it with the following: 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.

CALLOUT PART X. 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:

- Completed (Nov 2015) FAR 52.212-3 and Alternate 1 Representations and Certifications

- Completed copy of (Jul 2013) FAR 52.209-7 – Information Regarding Responsibility Matters

- A completed copy of DFARS 252.209-7991 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law – Fiscal Year 2016 DoD Appropriations (Oct 2015) Class Deviation 2016-O0002

- Acknowledgement of all terms and conditions of MSC TANKVOY 2013 (Rev 1 (10-13)) and the RFP

- Owner’s full style email address and point of contact to be used in conjunction with the Government’s web-based post-contract performance information system, Contractor Performance Assessment Reporting System (CPARS), which stands for Contractor Performance Assessment Reporting System. Instructions to be provided post-award.

- Offeror’s or authorized agent’s signature. Note: Unsigned offers will not be considered for award.

- Provide a current Q-88 with offer (no more than 60 days old). Q-88 must detail current acceptances and dates of inspection.

- Information required in 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: _____________________ Offerors must be registered in the System for Award Management Registration (SAM) 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 SAM.

The DUNS number can be obtained by calling 1-800-333-0505. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https;//www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

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: KENNETH ALLEN, CONTRACTING OFFICER, MSC, N103B