N32205-16-R-3260_RFP.doc

04 March 2016 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-3260

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.

Note: EACH OWNER/OFFEROR SHALL SUBMIT ONLY ONE VESSEL. SUBSTITUTIONS FOR VESSELS WILL BE ALLOWED UP UNTIL SUBMISSION OF FPR’S IF DISCUSSIONS ARE HELD AND FPR’S ARE REQUESTED (SEE TANKTIME PART X(g)).

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-16-R-3260

6. Solicitation Issue Date: 04 March 2016

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

8. Offer Due Date: 04 April 2016 at 1000 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 (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:

One U.S. or foreign flag, clean, approved, double hull tanker, capable of carrying a minimum of 40,000 bbls (about 4,500 LT) for up to two clean petroleum products (intentions JP5, F76, JA1) in designated cargo tanks with double valve isolation and with the following minimum particulars:

a) There is a classified requirement in conjunction with this RFP that may eliminate offerors. Offerors who are affected will be given the opportunity during discussions to read/address this requirement provided that affected offerors have appropriate security clearances in place. Offerors not affected will not have a need to know about the requirement regardless of appropriate security clearances being in place.

b) Under the Cargo Preference Act of 1904, preference will be given to U.S. Flag Vessels.

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 a list of approvals that include the inspection date as well as the expiry date.

e) At the date of this offer for this charter there must be 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) Vessels’ age shall be less than 15 years for the duration of the charter.

h) Require segregated ballast tanks (SBT)

i) Maximum LOA 108 Meters.

j) Minimum SOA 10 knots.

k) Vessel to have a 5 ton boom by the beginning of laydays for lifting cargo hose at the manifold to work at offshore moorings.

l) Ability / equipped to mechanically clean, mop, dry cargo tanks within three days between cargoes during performance of the charter when required.

m) Ship must hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance/inspection. Any tanks adjoining cargo tanks to be inspected must be clean and gas free.

n) 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.

o) Contractor shall provide (Owner's account) a certified Marine Chemist to certify tanks safe for entry for internal tank inspection by Government / Charterer Representatives.

p) Upon delivery vessel(s) must be gas free and safe for entry. Where a prior cargo contains a known toxic composition such as gasoline or naphtha (or other compounds evaluated on an individual basis), the vessel(s) will perform at their expense, the necessary toxicity screens by an appropriate authority, i.e. Certified Marine Chemist, Certified Industrial Hygienist. The test information on oxygen levels, flammability levels, toxicity, visuals, date and time will be recorded on a Log of Inspections and Tests to include the Testing Instrument Used and Signature of the Competent Person performing the tests. All toxicity/flammability assessments will be performed in the presence if the inspecting QAR.

q) Vessel must provide Certificates of Quality for petroleum products or MSDS and Certificate of Analysis if any of the three cargoes are chemical products. These Certificates should contain all test data required by specification for the products that were previously loaded (last three). They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of "typical" are not acceptable. 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. Additionally the following are required for the specific products mentioned:

i. 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.

ii. 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) Vessel must provide documentation that certifies whether or not the last three cargoes carried contained FAME (Fatty Acid Methyl Esters). In the event any of the cargoes did contain FAME, vessel owners/operators must provide certification and support documentation that vessel cargo tanks were cleaned / conditioned in accordance with the guidance in Energy Institute HM50.

s) If vessels’ cargo tanks have heating coils, provide the coil type or composition (such as stainless steel, copper, etc.), date that the 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 the duration of this charter. Vessel tanks with copper or yellow metal compounds are normally not acceptable for jet fuel cargoes.

t) If vessels’ 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.

u) The vessel(s) 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

v) Master to submit the MONTHLY VOYAGE ABSTRACT form on a monthly basis and emailed to WNYD_HQTANKERS@NAVY.MIL no later than the 1st day of the month following the month of performance. For time charters that complete prior to the end of the month, the report must be received no later than two calendar days after completion of charter (off-hire). Entries must start with the date the ship presents NOR and is accepted on hire. All columns must be completed as noted. Pull down menus for columns C, X and Y are the only comments to be used. Built in macros/formulas are not to be altered.

w) Vessel(s) must report fully loaded with bunkers when they submit their notice of readiness at port of delivery.

x) 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 GMT (Zulu) and 72/48/24/12 hr. pre-arrival notifications for all ports to Area Command and COMSC PM51. Reports shall be sent to the following email addresses:

1) Reynaldo.MacAwili@fe.navy.mil

2) Michael.Depolo@fe.navy.mil

3) Munenori.Endoh.ja@fe.navy.mil

4) Sealogfe.cdo@fe.navy.mil

5) WNYD_HQTANKERS@navy.mil

6) MSCHQ.BWC.FCT@navy.mil

7) DESC-BIT@DLA.MIL

2. PLACE/ RANGE OF DELIVERY:

Japan/ Korea in chop (Intention Hakozaki Japan)

3. PLACE/ RANGE OF RE DELIVERY:

Japan/ Korea in chop (Intention Okinawa Japan)

4. CHARTER PERIOD:

Firm period of about 60 days with charterer’s option to cancel anytime after 30 days in the firm period and two options of about 30 days option with charterer’s option to cancel anytime after 10 days

5. LAYDAYS:

Commencing: 13 APRIL 2016 Cancelling: 14 APRIL 2016

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: 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.

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

DELETE PART VI in its entirety and REPLACE with FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi)

__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) http://www.acquisition.gov/far/current/html/52_212_213.html ADD PART VIII(b): FAR 52.217-9 Option to extend the term of the contract (SEP 2005) Alternate I (SEP 2005) – CHECKED

ADD PART VIII(b): FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) (JUL 2014) – CHECKED

AMEND PART VIII(b)(2): FAR 52.232-18 Availability of Funds (Apr 1984) – CHECKED

ADD PART VIII(b): FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) – CHECKED

AMEND PART VIII (b)(12): TO READ: DFARS 252.215-7008 Only One Offer (OCT 2013) – CHECKED

AMEND PART VIII (b)(13): TO READ: DFARS 252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994) – CHECKED

ADD PART VIII(b) DFARS 252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) (OCT 2015) – CHECKED

ADD PART VII (b) DFARS 252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) (OCT 2015) – CHECKED

ADD PART VIII (b): DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013) – CHECKED

ADD PART VIII(b): DFARS 252.222-7007, REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015) – CHECKED

ADD PART VIII(b): DFARS 252.223-7003 CHANGE IN PLACE OF PERFORMANCE – AMMUNITION AND EXPLOSIVES (DEC 1991) – CHECKED

ADD PART VIII(b): DFARS 252.225-7993 DFARS Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) (SEP 2015) – CHECKED

ADD PART VIII(b): DFARS 252.225-7981 Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (Deviation 2015-O0016) (SEP 2015) – CHECKED

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) 40

(B) 40

(C) 20

(D) 20

(1) MGO/MDO

per metric ton

$ 854.45

(2) IFO-180

per metric ton

$ 537.22

(3) IFO-380

per metric ton

$ 537.22 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:

- Proposals shall be submitted electronically in response to this solicitation.

- Proposals must be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version.

- Proposals must contain either a verifiable electronic signature (e.g. PKI enable certificate), or 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, and 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. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late.

- Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes.

- For electronic proposal, the only acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers is the receipt of the E-mail proposal, readable, in its entirety in the designated E-mail inbox by the due date and time for proposal submission. Any other timestamp or meta-data of the Offeror's sent e-mail shall not be construed as sufficient documentation of the Government's receipt of an e-mailed offer.

- Proposals may be mailed/carried to the following address: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP 64, Naval Station Norfolk, VA 23511-2419 Attn: Lorrie Leedy

- 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 (Nov 2015).

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

- 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: KENNETH D. ALLEN, Contracting Officer, MSC, N103b

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