N32205-16-R-3254_RFP.doc

05 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-3254

Ref:

(a) SF 1449

(b) MSC TANKTIME 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-3254

6. Solicitation Issue Date: 05 November 2015

7. For Solicitation Information: Lorrie Leedy; e-mail lorrie.leedy@navy.mil

8. Offer Due Date: 10 November 2015 at 1300 Eastern Standard 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 (6) WAWF Submit electronic invoices IAW WAWF contract clause, MSC Worldwide DC ANY (MAY 2013).

18b. Submit invoices to: SEE Part VIII(7) 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 attached.

PART I - TANKTIME BOXES:

1. VESSEL(S) REQUIRED:

a) One clean, approved double hull tanker that is capable of carrying a minimum of 300,000 BBLS (intention is JP-5 and F76) 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 party to the SIRE system and provide a current Q-88 with offer (no more than 60 days old).

d) Owners must provide must list of approvals that include the inspection date.

e) Vessel must have a SIRE report on the vessel which has been registered in the revised SIRE register less than six months old.

f) Vessel(s) must possess current ISM Certification and International Ship Security and Safety Management Certificates.

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

h) Vessel cannot exceed a maximum LOA of 200 meters.

i) Vessel cannot exceed a maximum DWT 50,000MT.

j) Vessel cannot exceed a maximum loading arm height of 14 meters.

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

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

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

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

o) Owner must provide vessel stowage plan demonstrating vessel’s ability to load minimum 300,000 bbls F76 not to exceed a laden draft of 12 meters.

p) Owner must provide vessel itinerary from offer to arrival laydays.

q) Owner must provide, if vessel cargo tanks have heating coils, 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.

r) Owner must provide copies of Certificates of Quality for vessel’s 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.

s) Owner must confirm whether or not the last three cargoes carried contained FAME (Fatty Acid Methyl Esters). If tanks did contain FAME owners must provide statement that vessel cargo tanks were cleaned / conditioned in accordance with the guidance in accordance with Energy Institute HM50.

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.

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

2. PLACE/RANGE OF DELIVERY:

ARABIAN GULF RANGE PORT IN CHOPT (Intentions JEBEL ALI)

3. PLACE/RANGE OF REDELIVERY:

ARABIAN GULF RANGE PORT IN CHOPT (Intentions SALALAH)

4. CHARTER PERIOD:

About 50 days with Charterer’s option to cancel after about 15 days without notice.

5. LAYDAYS:

COMMENCING:

November 19, 2015

CANCELLING:

November 21, 2015

6. TERMS/CONDITIONS/ATTACHMENTS ADDED, DELETED OR MODIFIED:

MODIFY: Part I, boxes 14-16 – revised in their entirety to read as follows:

FOS

DELETE: Part I, box 17 - delete in its entirety

MODIFY III(c) (1)(vi) by adding: Reports shall be sent to the following email addresses:

1) LAWRENCE.DOWSING@ME.NAVY.MIL

2) SEALOGCENT.OWO@ME.NAVY.MIL

3) SHANNON.WELLS@ME.NAVY.MIL

4) WNYD_HQTANKERS@NAVY.MIL

5) MSCHQ.BWC.FCT@NAVY.MIL

6) DESC-BIT@DLA.MIL

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 Owner provides written notice of the same to the Contracting Officer.”

DELETE: IV(k) – delete subparagraph (4) in its entirety.

ADD: PART (VI)(b)(53) 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEC 2014) –CHECKED PART VI: MODIFY TO READ: FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2015): Checked boxes remain unchanged. 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014) – CHECKED; 52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014) – NOT CHECKED; AMEND (5) 52.204-11, AMERICAN RECOVERY AND REINVESTMENT ACT – REPORTING REQUIREMENTS TO READ RESERVED; AMEND (8) 52.204-11PROHIBITION IN CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS TO READ RESERVED http://www.acquisition.gov/far/current/html/52_212_213.html AMEND PART VI (e)(ix) 52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015); ALTERNATE I (MAR 2015) – CHECKED ADD PART VII (h)(21): 252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2016-O0003) (OCT 2015) AMEND PART VIII(b)(12): DFARS 252.215-7008 ONLY ONE OFFER (OCT 2013).

AMEND PART VIII (b)(21): TO READ AS FOLLOWS; DFARS 252.204-7012, SAFE GUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013); CHECKED

AMEND PART VIII (c)(3): TO READ AS FOLLOWS; FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (SEP 2005) ALTERNATE I (SEP 2005) - CHECKED

ADD PART VIII(c)(9): DFARS 252.222-7007, REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (Jan 2015).

ADD PART VIII(c)(10): 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2012-O006) (SEP 2015).

ADD PART VIII(c)(11): 252.225-7981 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS (OTHER THAN USCENTCOM) (DEVIATION 2015-O0016) (SEP 2015).

ADD PART VIII(c)(12): ADD 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013).

DELETE PARTS IX (a) and (b) in their entirety.

DELETE PART X (b)(10): in its entirety and replace it with the following: If provided, 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: 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 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.

NOTE (1): It is emphasized that as an integral part of the award selection a responsibility determination of the offeror will be made in accordance with FAR Part 9.104. Within this determination, the Government will only consider an offeror responsible if it presents a viable, continued capacity to fully provide the contracted services in accordance with the charter, regardless of operating conditions (e.g., conflict or contingency operations). This will be determined using the factors shown in FAR Part 9.104, to include: 1) experience, 2) operational controls, 3) technical skills, 4) satisfactory performance record, and 5) ability to comply with required delivery schedule.

AMEND PART XI(d) and replace a, b, and c, 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.

a. 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.

b. If discussions are held, offerors will be given the opportunity to address unfavorable reports of past performance.

c. Offerors without a past performance history relating to this solicitation shall not be evaluated favorably or unfavorably on past performance.

AMEND: XI(e) with the following:

(A) 10

(B) 26

(C) 07

(D) 07

(1) MGO/MDO

per metric ton

$ 1,002.64

(2) IFO-180

per metric ton

$ 608.48

(3) IFO-380

per metric ton

$ 603.08 AMEND: XI(e), TANKTIME Box 92a to read as follows: “(number of) days in port idle/loading (TANKTIME Box 92a)”.

PART XII: AMEND TO READ: FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, (Nov 2015) Alternate 1 (Oct 2014) http://www.acquisition.gov/far/current/html/52_212_213.html

B. INSTRUCTIONS TO OFFERORS

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

Information pursuant to Ref (b), MSC TANKTIME 2013 Rev 1 (10-13) TANKTIME BOXES pages I-1 through I-7, as applicable and at a minimum:

- Owners acknowledgement of all terms and conditions of the RFP and MSC TANKTIME

PROFORMA 2013 Rev 1 (10-13)

- INMARSAT #

- Call Sign

- IMO#

- Vessel year

- Vessel Flag

- Proposed laydays

- Charter Hire rate and fuel consumption in (metric tons)

Signature of offeror or authorized agent

- Name, address, and telephone number of offeror

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.

- A completed copy of Offeror Representations and Certifications – Commercial Items FAR 52.212-3 (NOVEMBER 2015).

- A 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 Appropriations. (Oct 2015)

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

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

Note: Failure to submit all required information as requested could result in your offer not being considered for award.

Signed: Lorrie leedy, Contracting Officer, MSC, N103b

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