RFP_TUGCON_-3308_Ocean.doc

03 December 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 FURTHER NOTICE.

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj:

RFP N32205-16-R-3308

Ref:

A. SF1449

B. MSC TUGCON 04 (08-04)

This acquisition is being conducted under FAR 13.5 Test Program for Certain Commercial Items.

MSC Strategic Sealift Program Management Office, Code PM34, 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 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:

2. Contract No’s.: Will be provided upon award

5. Solicitation No.: N32205-16-R-3308

6. Solicitation Issue Date: 03 December 2015

7. For Solicitation Information: Lorrie Leedy, e-mail: lorrie.leedy@ navy.mil or call (757) 443-2805

8. Offer Due Date: 10 Dec 2015 at 1000 hours Eastern Time.

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

10. This Acquisition is: Set-aside for 100% Small Business 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-TUGCON BOXES:

1. Tug(s) Required (per tow):

A. Number of Tugs Required:

(1) Leg 1 (see TUGCON Boxes 3 & 5) – One Primary Tow Tug and one Ready Standby Tow Tug are required for each tow. If two barges are moved simultaneously, only one standby tug is required.

(2) Leg 2 – One Primary Tow Tug is required.

B. Tug Specifications: U.S. flag, Jones Act compliant, ABS certified ocean tugs with minimum 2800 Peak Horse Power, twin screw, two engines and one emergency dewatering pump each tug.

2. Description of the Tow: One preloaded U.S. Government provided USCG/ABS certified ocean barge. Barge name will be identified NLT 07 January 2016 for each tow. There is no cargo on the return trip.

A. Barge particulars:

SPECIFICATIONS: 230-250 feet long, 60-68 feet wide and 15 feet deck height. Barge drafts range from 6-7 feet for transits. Barge sketches available upon request.

B. Preloaded barge cargo particulars (leg 1 only):

(1) Specifications: One cylindrical cargo package is 33-45 feet long, 33 feet in diameter, nearly cylindrical and weighs 1000-1680 short tons, cargo package is tightly sealed with all penetrations and access sealed by welding.

(2) Number of cargo packages per barge: Barge will be loaded with one cylindrical cargo package.

(3) Special Requirement: Cargo is a DOT Class 7 Hazardous Material Shipment that may be a DOT Class 7 Highway Route Controlled Quantity.

Offeror must have an EPA ID prior to being found acceptable for this contract.

3. Port(s)/Place(s) of Departure:

A. Leg 1: PSNS Bremerton, WA

B. Leg 2: Vancouver, WA

4. Laytime: About 7.5 days Total

5. Port(s)/Place(s) of Destination:

A. Leg 1: Vancouver, WA

B. Leg 2: PSNS Bremerton, WA

6. Laydays: 15 March 2016 - 18 April 2016. (Two awards, one each during laytime period.)

To be provided by the Contractor in accordance with the following:

A. On or about 12 January 2016, Charterer will designate a 15-hour window in which the tug turnover in Vancouver is required to be completed.

B. Not later than 15 January 2016, Contractor shall establish a one hour window for which the tug turnover in Vancouver shall commence that ensures no standby idle time in Vancouver AND that the completion of the tug turnover is completed within the designated 15-hour window. At this time, Contractor shall also establish a one hour layday window within 15 March to 18 April 2016 to arrive PSNS Bremerton to commence rigging for tow in order to support the one hour window for commencement of the tug turnover in Vancouver.

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

A. SUMMARY OF OPERATIONS LEG 1:

(1) Tow shall be conducted IAW the U.S. Navy Towing Manual.

(2) Contractor shall provide a commercial Independent Marine Surveyor who will ensure the tugs and barge have been properly prepared and that towing is conducted IAW U.S. Coast Guard, contract and U.S. Navy Towing Manual requirements.

(3) Primary Tow Tug and Ready Standby Tow Tug shall be made available for inspection after award by the IMS, Charterer and Cargo Owner, time and date to be mutually agreed by the Government and the Contractor.

(4) Contractor shall provide a Project Coordinator in Addition to the regular crew to ride the Primary Tow Tug.

a. Project Coordinator Qualifications: Tug Captain who shall become knowledgeable in all aspects of towing the reactor compartment, the Tow Plan, and the Towing Contract.

b. Project Coordinator Duties, as directed by the Primary Tow Tug Captain shall:

(i) Liaise between Contractor and Charterer during underway operations.

(ii) Sign for custody of the cargo package.

(iii) May contact Cargo Owner directly concerning urgent safety issues with the cargo. However, immediate follow-up contact must be made with the Charterer.

(5) Contractor shall provide a Tow Plan to the IMS and Charterer a minimum of 47 days prior to start of tow or as otherwise Contractor and Charter mutually agree. Tow Plan shall at minimum include:

a. Characteristics of tugs, barge and cargo

b. Condition of the tugs

c. Required tug certificates

d. Description of all towing material, equipment, hardware and lines to be used including applicable required certificates

e. Normal/emergency towing procedures

f. Towing schedule

g. Port logistics arranged

h. Towing route including maximum towing speed as calculated IAW the U.S. Navy Towing Manual, areas of limited draft, safe havens and ETA key waypoints as identified by the Charterer.

i. Communications Plan

j. POC information for Contractor, Charterer, Cargo Owner, IMS and other key personnel

k. Pilotage requirements

l. Barge access requirements in accordance with 49 CFR

(6) The Charterer shall schedule a Tow Plan Review approximately 33 days prior to start of tow or as otherwise Contractor and Charter mutually agree. Required minimum attendees include Contractor representatives including at the minimum the Primary Tow Tug Captain, Charterer representatives, Cargo Owner representatives, IMS and other attendees deemed essential.

(7) Emergency Action Procedures will be discussed at the Tow Plan Review. Contractor shall incorporate the key outcomes of this discussion into the Tow Plan.

(8) Cargo owner shall schedule a 1-2 hours Pre-Tow Review at PSNS Bremerton to begin at 1400 on the day prior to the layday. Required minimum attendees include Primary Tow Tug Captain, Ready Standby Tow Tug Captain, Contractor’s Project Coordinator, and other Contractor representative(s) as applicable, IMS, MSC Representative(s), Cargo Owner Representative(s) and other attendees deemed essential.

(9) Contractor shall comply with all access and security requirements for PSNS.

(10) Contractor shall notify Puget Sound and Portland USCG Captains of the Port, the Columbia River Pilots and Columbia Bar Pilots Associations at least 24 hours prior to tow leaving Bremerton.

(11) Documentation.

(a) Government will provide Contractor a draft copy of the Dangerous Cargo Manifest approximately 7 days prior to layday.

(b) Prior to departure Government will provide the Dangerous Cargo Manifest and

Uniform Hazardous Waste documents to the Contractor’s Project Coordinator for signature.

(12) Contractor’s custody and responsibility of the barge and cargo begins when a Contractor’s tug first control line is attached IAW the contract and ends when the first control line of the River Tug is attached.

(13) Towing route shall be via commercial shipping lanes in the Puget Sound staying south of the inbound Vessel Traffic System lane when transiting the Strait of Juan de Fuca to remain in U.S waters and the Olympic Coast National Marine Sanctuary shall be avoided. Submit vessel proposed route in the Tow Plan for IMS and Charter approval. Crossing the Columbia River Bar shall be scheduled for a flood tide.

(14) Cargo owner shall prepare barge for tow IAW the U.S. Navy Towing Manual including rigging the required emergency tow line and demonstrating the operation of the flooding alarms to the Contractor and IMS prior to commencement of tow. Contractor shall deploy the marker buoy (goof ball) on the end of the emergency tow line near Restoration Point and haul the goof ball back onboard the barge when the tow is inside the mouth of the Columbia River.

(15) Contractor shall ensure their personnel (including subcontractors’ personnel) are thoroughly familiar with and comply with the following:

a. Washington Administrative Code 173-303 Dangerous Waste Regulations

b. Title 49 Code of Federal Regulations, Transportation, Parts 100-18

c. Title 33 Code of Federal Regulations, Navigation and Navigable Waters, Chapter 1 - Coast Guard, Department of Transportation (Parts 1-199), Chapter II – Corps of Engineers, Department of Army (Parts 200-399).

d. Title 29 Code of Federal Regulations, Labor

e. Title 46 Code of Federal Regulations, Shipping

f. Washington Administrative Code 296-24, General Safety and Health Standards

(16) Contractor shall carry a copy of their current “U.S. DOT Hazmat Reg. No” onboard.

(17) Operational email traffic including position reports shall be sent via encypted means.

(18) Tugs shall be sufficiently bunkered for completion of Leg 1 when presenting

NOR, or as otherwise authorized by the Charterer.

(19) The cargo shall be picked up at its’ pier location at Puget Sound Naval Shipyard and delivered to a site in Vancouver to be promulgated by the Charterer.

Contractor shall coordinate all arrangements for arriving and departing ports with the appropriate authorities. Assist tugs, pilots and all port costs are the responsibility of the Contractor. Contractor is responsible for line handlers on the tugs and barges as required.

(20) The Contractor shall supply all the necessary material, equipment, hardware and lines for a safe tow to connect to the Government towing bridle and pigtail chain. The Primary Tow Tug shall have two wire rope towing hawsers. Ready Standby Tow Tug shall have at least one wire rope towing hawser. All equipment, hardware and lines shall comply with U.S. Navy Towing Manual and be certified as required. Contractor shall ensure navigation lights and day shapes are IAW the COLREGS Rules of the Road, as applicable.

(21) In event of a casualty to the Primary Tow Tug, the Ready Standby Tow Tug shall assume duties as the Primary Tow Tug. The tow shall not proceed over the Columbia River Bar without a standby tug unless specifically authorized by the Charterer.

(22) Primary Towing Tug Pilots.

a. Government will provide a qualified pilot on the Primary Tow Tug from

PSNS Bremerton to the vicinity of Port Angeles, WA.

b. Contractor shall provide a qualified Columbia River Bar Pilot for crossing the

Bar and River Pilot for the river transit.

c. When pilots are onboard the Primary Towing Tug for pilotage, the pilots shall coordinate the operations of the Primary Tow Tug and the Ready Standby

Tow Tug.

(23) Contractor shall participate in a 15 minute Pre-Tow Review coordinated by the

River Tug Contractor at the Vancouver barge turnover site just prior to commencing turnover. Required minimum attendees include the IMS, the River and Ocean Tug Primary Tow Tug Captains and other Contractor representatives and tug crew as deemed necessary.

(24) Within 30 days of tow completion of Leg 1, the Contractor shall provide a final report to the Charterer. The Final Report shall describe all phases of the towing operation, including problems encountered and suggestions for improvement. The Final Report shall be marked "FOR OFFICIAL USE ONLY" and released only to the Charterer. The following information shall be included (as a minimum).

a. Identification of shipper, carrier, and consignee.

b. Identification of shipment and package, including type and quantity.

c. Date and time of pickup and delivery.

d. Ultimate destination of tow.

e. Routing of tow, including ports and vessels used.

f. Any unusual or abnormal conditions or events encountered in transit, along with problems or delays.

g. Any special controls or procedures exercised.

h. Recommendations for future tows.

i. Copies of vessel log sheets for Leg 1.

(25) Crew Manning: Crew manning shall comply with USCG requirements and Charterer’s requirements that all crew members be US citizens and crew size be a minimum of six persons including an Engineer.

B. SUMMARY OF OPERATIONS LEG 2:

(1) Tow shall be conducted IAW the U.S. Navy Towing Manual.

(2) Contractor shall provide a Tow Plan to the IMS and Charterer a minimum of 47 days prior to start of Leg 1 tow or as otherwise Contractor and Charter mutually agree. Tow Plan shall at minimum include:

a. Characteristics of tug and barge

b. Condition of the tug

c. Required tug certificates

d. Description of all towing material, equipment, hardware and lines to be used including applicable required certificates

e. Normal/emergency towing procedures

f. Towing schedule draft (update as applicable)

g. Port logistics arranged

h. Towing route including, maximum towing speed as calculated IAW the U.S. Navy Towing Manual, areas of limited draft and safe havens.

i. Communications Plan

j. POC information for Contractor, Charterer, Cargo Owner, IMS and other key personnel

k. Pilotage requirements

(3) The Charterer shall schedule a Tow Plan Review approximately 33 days prior to start of Leg 1 tow or as otherwise Contractor and Charter mutually agree. Required minimum attendees include Contractor representatives including at the minimum the Leg 2 Tug Captain, Charterer representatives, Cargo Owner representatives, IMS and other attendees deemed essential.

(4) Emergency Action Procedures will be discussed at the Tow Plan Review. Contractor shall incorporate the key outcomes of this discussion into the Tow Plan.

(5) Contractor shall submit vessel proposed route in the Tow Plan for IMS and Charter approval.

(6) Cargo owner shall prepare barge for tow in Port of Benton IAW the U.S. Navy Towing Manual including rigging the required emergency tow line and testing the operation of the flooding alarms prior to commencement of tow. Contractor shall deploy the marker buoy (goof ball) on the end of the emergency tow upon exiting the mouth of the Columbia River and haul the marker buoy in the vicinity of Restoration Point.

(7) Tugs shall be sufficiently bunkered for Leg 2 prior to rigging the barge for tow.

(8) The barge shall be picked up in Vancouver and directly towed to Bremerton arriving PSNS Bremerton during the hours of 0800-1600 Monday-Friday.

(9) Contractor’s tug shall be ready to receive the empty barge immediately upon the barge’s return to Vancouver.

(10) Tug Captain shall coordinate the barge turnover with the River Tug Captain. River

Tug Contractor will promulgate barge turnover site and provide crane service if required for barge/barge equipment turnover.

(11) The Contractor shall supply all the necessary material, equipment, hardware and lines for a safe tow to connect to the Government towing bridle and pigtail chain. All equipment, hardware and lines shall comply with U.S. Navy Towing Manual and be certified as required. Contractor shall ensure navigation lights and day shapes are IAW the COLREGS Rules of the Road, as applicable.

(12) Contractor shall coordinate all arrangements for arriving and departing ports with the appropriate authorities. Assist tugs, pilots and all port costs are the responsibility of the Contractor. Contractor is responsible for line handlers on the tugs and barges as required.

(13) Contractor’s custody and responsibility of the barge begins when the tug’s first control line is attached to the river tug and ends when the barge is secured pier side Bremerton.

(14) Contractor shall comply with all access and security requirements for PSNS.

C. AMEND, ADD, OR DELETE THE FOLLOWING TUGCON 04 REQUIREMENTS:

Add II (j) (4): PRICE ANDERSON ACT

The 1997 Memorandum of Understanding between the Department of the Navy and the Department of Energy (DOE) for Disposal of Decommissioned Defueled Naval Reactor Compartments at the Hanford Site (MOU) (DE-ACD6-96RL13200) provides the contractual arrangement between the Navy and DOE for a number of activities, including the transport by the Navy reactor compartments to the Hanford site. The Navy has been advised by the counsel of the U.S. Department of Energy, Richland Operations Office, that the public liability arising out of resulting from activities in connection with the MOU would be indemnified to the full extent permitted by the Price-Anderson Act (42. U.S.C., 2014, 2210), which is set forth in the Sections 11 and 170 of the Atomic Energy Act of 1954, as amended.

This indemnification is available to any person who incurs legal liability for a nuclear incident or precautionary evacuation arising out of or resulting from activities under contract with DOE, even though there is no contractual relationship between that person and DOE. The indemnification applies to incidents inside the United States as well as incidents outside of the United States, if the nuclear material is owned by the United States Government. Offerors are referred to the provisions of U.S.C. 2014 and 2210 for further information concerning applicability and coverage of the Act. No Additional indemnification for public liability will be provided under the contract resulting from this Solicitation.

Add II (V) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

Add II (W) 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015)

Amend III (b) (1) to read: “Lumpsum towage price shall be stipulated in Box 17, and deemed to include the cost of fuel, lubricants, towing gear, port charges, river transit (including pilots), supercargo, Tug Masters, and crew required for the service contemplated herein, and for all costs associated with the Contractor complying with requirements of this solicitation including those requirements delineated in above section A. PART I, 7. A and B.”

Delete III (b) (3) in its entirety.

Delete III (d) (2) the last sentence. “Said independent surveyor shall be reimbursed under the conditions stipulated in Paragraph III (z) in amount not exceeding the rate specified in Box 17.”

Amend III (g) (1) (ii) to read: “First discharge port. Laytime or if the Tug is on demurrage shall start or resume upon arrival designated destination port turnover site, upon tendering a proper notice of readiness and Tug is within one hour for which the tug turnover shall start.”

Amend III (h) (1): First sentence delete “the customary full-form.”

Amend III (i) (1): In the first sentence, Add after “Government program,” the words “including but not limited to War Risk insurance available through MARAD.”

Amend III (i) (3): In the last sentence, replace the words “war risk trading warranties” with the words “war risk exclusion zones (war, strikes, terrorism and related perils) listed areas.” In Addition, change the word “shall” to “may.”

Amend III (j) Salvage to read:

(1) In the event of the Tow breaking away from the Tug, the Tug shall stand by and render all reasonable services to reconnect the tow line and fulfill this contract of towage without making any claim for salvage.

(2) 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.

(3) 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).

(4) 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.”

Amend III (k) to read: “Position Reports.

a. Upon departure ports, arrival ports and email every six (6) hours underway at 0000Z, 0600Z, 1200Z, and 1800Z the Primary Tow Tug shall tug shall provide Position/Status Reports by electronic email to HQCARGO@navy.mil, mschq.bwc.fct@navy.mil, authorities at departure and arrival ports (as applicable) and other Addresses requested by Charterer. Charterer will update the required recipients for the Position/Status Reports upon conclusion of the Tow Plan Review, prior to tow commencement and at other times as necessary.

b. Position repots shall include the following as applicable, Tug Name/Barge Name, Report Date/Zulu Time, Position Lat/Long or Mile Marker for river towing , Course, Speed, Total Distance Run, Total Distance to Go, ETA Pilot pick-up station , ETA Destination, Wind Direction/Speed, Wave Direction/Height, Fuel Onboard, Barge Status, Ready Standby Tow Tug Status and Comments. All local schedules of event times shall be reported in local PST or PDT time as applicable.

c. Ready Standby Tow Tugs are not required to submit separate Position Reports.”

Replace III (aa) with 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 Reimbursables 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 each Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

Replace III (ab) to read as follows:

MSC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (June 2012)

To implement DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012), Military Sealift Command (MSC) utilizes Wide Area WorkFlow (WAWF) to electronically process vendor requests for payment. This application allows DoD vendors to submit and track Invoices and Receipt/Acceptance documents, if applicable, electronically.

The Contractor is required to utilize this system when processing invoices and receiving reports, if applicable, under this contract/order, unless an exception at DFARS 252.232-7003(c) applies. The Contractor shall:

(i) ensure an Electronic Business Point of Contact is designated in Central Contractor Registration (CCR) at http://www.ccr.gov.

(ii) register to use WAWF at the https://wawf.eb.mil site, within ten (10) calendar days after award of this contract or modification. Step by step procedures to register are available at the https://wawf.eb.mil site.

(iii) ensure review of the MSC WAWF Vendor Guide, available at the MSC site http://www.procurement.msc.navy.mil under the references section.

In the event you have WAWF questions, contact the MSC WAWF point of contact (POC) at MSCHQ_WAWF@navy.mil.

NOTE: The POC identified above is for WAWF issues only. Any other contracting questions/problems should be Addressed to the Contracting Officer or other person identified in the contract to who questions are to be Addressed.

The Contractor is directed to use the Commercial Invoice format when processing invoices and receiving reports, if applicable.

FORMCHECKBOX

This contract/order DOES require submission of Material Inspection and Receiving Reports (MIRR) DFARS Clause 252.246-7000; therefore, the vendor IS required to process receiving reports in WAWF under this contract/order.

FORMCHECKBOX

This contract/order does NOT require submission of Material Inspection and Receiving Reports (MIRR) DFARS Clause 252.246-7000; therefore, the vendor is NOT required to process receiving reports in WAWF under this contract/order.

The information contained in the table below is for WAWF purposes only. If any information included in these instructions, e.g., Ship to DoDAAC, contradicts information elsewhere in this contract, those other terms shall take precedence for any matter other than invoicing and receiving reports, if applicable.

When entering the invoice into WAWF, the Contractor shall fill in the following DoDAAC fields or DoDAAC extensions exactly as shown in the table below. Fields that should not be filled in when entering the invoice into WAWF will be indicated below with the direction, “Leave Blank.”

WAWF Routing Table

Contract Number

Cage Code/Ext

Issue Date

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table above. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send Additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and Add the acceptor’s/receiver’s email Address in the first email Address block and Add any other Additional email Addresses desired in the following blocks. This Additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

Add III (ac) to read: SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES

(1) Charter’s Option. Government intends to embark up to 3 supercargo personnel from start of the tow in Vancouver until the cargo has been offloaded in Port of Benton. At least one of the supercargo underway shall be embarked on the Primary Tow Tug; embarkation of the remaining supercargo shall be at the discretion of the Contractor. Contractor shall provide accommodations and victualing for the supercargo. Contractor shall ensure tug meets SOLAS requirements and obtain manning waivers as required.

(2) Military Personnel. In Addition to the carriage of personnel noted in subparagraph (1) above, the Charterer shall have the right to assign other military personnel aboard the Vessel. Such personnel are not to require victualing or berthing facilities from the Vessel unless requested by the Charterer, in which case the Contractor will be reimbursed out-of-pocket expenses not to exceed an amount of $30.00 per day per person, covering all expenses including accommodations and victualing. The Contractor shall provide sufficient lifesaving equipment for such personnel in accordance with SOLAS and all other applicable regulatory requirements.

(3) Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of supercargo or Government designated representatives in the embarkation, carriage, or debarkation of supercargo or Government designated representatives to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or its authorized representative within a reasonable time.

Replace IV to read 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, 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.]

___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX (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]

XX (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).

___ (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).

XX(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.

___ (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]

XX (14) (i) 52.219-6, Notice of Total Small Business 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.

XX (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. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (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)).

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

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

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

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

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

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

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

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

XX (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). (E. O. 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 Television (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.

___ (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 (Jun 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)).

XX(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.]

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

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

XX(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).

XX (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 (Sep 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 (1) 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 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) (E.O. 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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this…