N32205-16-R-3356_RFP.doc

24 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-3356

Ref:

A. SF1449

B. MSC DRYTIME 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 one vessel 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 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.

STANDARD FORM 1449 BOXES:

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-16-R-3356

6. Solicitation Issue Date: 24 December 2015

7. For Solicitation Information: Lorrie Leedy, 757-443-2805, lorrie.leedy@navy.mil

8. Offer Due Date: 30 December 2015 at 1000 hours, Eastern Time

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

10. This Acquisition is: 100% Small Business Set-aside / 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 (AUGUST 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.

B. I. DRYTIME BOXES:

1. Vessel Required:

A U.S. or foreign flag, self-sustaining vessel capable of transporting two patrol boats with associated Government provided cradles and spare parts containers. Contractor providing sufficient shore or floating cranes to lift all cargo fulfills self-sustaining requirement.

Cargo Description:

Patrol Boats Each

a. Length Overall: 85 feet

b. Width: 20.5 feet

c. Height from bottom of transport cradle to fixed structure (mast folded): 21.25 feet

d. Weight: 145,000 lbs (72.5 short tons)

Cradles Each

a. Length: 35feet

b. Width: 16 feet

c. Height: 3.5 feet

d. Weight: 7,600 lbs. (~3.8 short tons) Spare Parts Containers

Up to three TEU of miscellaneous spare parts, tools and material

Note : Certified sling sets will be provided by the Government for lifting the patrol boats and cradles.

2. Place / Range of Delivery:

Commercial berth in San Diego, CA

3. Place / Range of Redelivery:

Bahrain

4. Charter Period:

Approximately 40 days for one voyage.

5. Laydays:

Commencing:

13 Jan 2016

Cancelling:

14 Jan 2016

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

a. Contractor shall provide characteristics of cranes to include the following:

(1). Certified SWL of the crane and last certification date (it must not exceed a year).

(2). Maximum crane lifting height above deck if applicable.

(3). Crane reach beyond the ship’s deck for required cargo lift weight.

(4). Certification by naval architect that vessel can lift cargo with designated onboard/shore/floating cranes.

b. Contractor shall supply well qualified crane operators and a crane supervisor for the lift-on and lift-off of all cargo using onboard, shore or floating cranes. Crane operators shall have a minimum of one-year experience in crane operations and the crane supervisor shall have a minimum of one-year experience in supervising heavy lift crane operations.

c. Contractor shall hire a qualified Naval Architect as required to ensure the Transport Manual for the loading, stowing, securing, transport and offloading is prepared IAW the U.S. Navy Towing Manual.

d. Independent Marine Surveyor (IMS).

(1) Requirement. Contractor shall nominate a qualified IMS for Charterer approval. The IMS shall have extensive experience as an IMS transporting similar equipment on vessels.

(2) Cost. The cost of the IMS shall be paid by the Contractor under the chartered price.

(3) Duties. IMS duties shall include the following:

(i) Perform detailed technical evaluation and oversight, as necessary, to ensure the cargo is loaded, secured, transported and offloaded safely and in accordance with the US Navy Towing Manual Chapter 8 Heavy Lift Transport and other regulations as applicable.

(ii) In advance of the vessel’s sailing from the loading site as agreed, an unconditional certificate of readiness shall have been issued by the IMS. Said certificate shall specify that the cargo is in every way properly loaded, stowed, lashed, and fit for the transportation contemplated.

(iii) Technical evaluation shall include a review of the following:

• Material condition of the vessel

• Ship Systems

· Crane(s) condition

• Blocking arrangements (if applicable)

• Seafastening

• Preparation of the asset

• Loading/offloading plan and procedures

• Voyage arrangements

(iv) The required oversight shall include the following: • Attend and provide technical oversight during loading and offloading preparations and operations. The IMS will be responsible for reviewing and signing off on the various documents required by the U.S. Navy Towing Manual.

• Provide detailed Marine Survey Reports for load and offload operations.

(v) Technical disputes upon loading or discharging (excluding any cost increases or other items requiring modifications to the charter) are to be resolved primarily at the discretion of the IMS with recourse to the Contracting Officer via the MSC onsite representative, only if agreement on-site is not possible.

(vi) In addition:

• Loading of the cargo shall not commence until the IMS certifies the patrol boats and cradles, the cranes and the chartered vessel are ready to load in all respects.

• The contracted vessel shall not sail until the IMS certifies the cargo and the chartered vessel are ready to sail in all respects.

• Offloading of the cargo shall not commence until the IMS certifies the patrol boats and cradles, the cranes and the chartered vessel are ready to offload in all respects.

e. Contractor shall provide all material and labor in offer price for the following as required:

(1) Planning and preparations to load, stow, secure, transport and offload two MK VI patrol boats and cradles. Note: Government will prepare patrol boats and cradles for loading.

(2) Loading, stowing, securing, transporting and offloading operations for two MK VI patrol boats and cradles, including providing cranes, crane operators stevedores as needed.

Note: Government will deliver cradles to SPOE fully assembled with cradle lifting straps provided. Cradles shall be lifted from transport vehicles ashore to ship and from ship to vehicles ashore using their designated sling set. Patrol boats shall be lifted from the water to cradles onboard and from cradles onboard onto transport vehicles ashore using their designated sling set.

f. Contractor shall be reimbursed for port costs associated with departing San Diego and arriving Bahrain. All other port costs shall be included in offer price.

g. There will be required pre-load and pre-offload meetings a minimum of one day prior to vessel arrival to the SPOE and SPOD respectively if shore cranes or floating cranes are utilized. If shipboard cranes are used, meetings shall be scheduled as soon as practical upon arrival of the vessel at SPOE/SPOD. Contractor shall make all pre-load and pre-offload meeting arrangements. Minimum required attendees for the Contractor include the Contractor Loading/Offloading Supervisor , Crane Supervisor and Crane Operators. Other attendees shall include the IMS, MSC on site representative, Cargo Owner Representative and other Government representatives as required. The purpose of these conferences are to conduct detailed walk-thru of the loading and discharge schedules /operations to ensure the main participants understand their responsibilities and requirements and to ensure all logistics are coordinated.

h. Contractor’s personnel working at loading and offloading sites must comply with the environmental health and safety requirements and facility regulations as directed.

i. Vessel is to be fully bunkered when presented (NOR tendered).

j. When transiting in 5th Fleet AOR, vessel(s) shall stay outside Iran territorial waters (12nm) including the Southern Arabian Gulf (SAG) islands SIRRI (22 55N 054 31E). Vessel(s) shall also remain clear of the Western Traffic Separation Scheme

(WTSS).

k. Vessel track shall be approved by Charterer.

l. Any problems encountered enroute that affects the cargo or deviations from the pre-approved vessel track shall be immediately reported to all vessel Position/Status Report addressees and the Independent Marine Surveyor.

m. MODIFY PART IV (b) (1) to read as follows:

(1) Laydays. The Vessel and all Associated Equipment shall be delivered to the Charterer anytime during the layday period. Prior to delivery the Vessel shall be ready in all respects to commence loading the cargo. Charterer shall inspect the vessel within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of Notice of Readiness. Charterer shall not accept the Notice of Readiness until the Independent Marine Surveyor signs a Certificate of Vessel Readiness to Load in All Respects. Hire shall commence upon acceptance of the Notice of Readiness by the Charterer but not before the commencing date stated in Box 5, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel or Associated equipment not be ready in accordance with provisions hereof by the cancelling date stated in Box 5, said cancellation to be declared not later than twenty-four (24) after the cancelling date stated in Box 5, should the Vessel not be ready by that time. This Article shall not limit any right of the Government under this Charter or any right to take any other action authorized by law.

n. MODIFY PART IV (b) (1) to read as follows:

(1) Expenses for Charterer. Except as otherwise provided herein, Charterer shall pay expenses for all wharfage, dockage, canal tolls, dues, taxes, and similar port charges imposed by public authority including consular charges (except those pertaining to the Masters, Officers, and crew) incurred by the Vessel in ports visited pursuant to Charterer’s direction. Agency fees, provided not incurred for the convenience of the Vessel or Owner, shall also be for Charterer’s account. The Charterer shall pay pilotage charged to the vessel; however, in no case shall the Charterer reimburse the owner for pilotage paid to the Master or other members of the crew. Surveyors or consultants as mutually agreed may be retained under this Charter in order to facilitate fact-finding in respect of actual or potential claim actions for inspections or surveys generally; the costs therefor shall be as mutually agreed and, if for the Charterer’s account, said costs shall be incurred only after prior written approval from the Contracting Officer.

o. MODIFY PART IV (o) (1) to read as follows:

(1). Provisions, Insurance, Wages, Fees, Port Costs and Other Expenses. The Owner shall, unless otherwise provided herein, provide and pay for all provisions: deck, engine room, and galley stores and fresh water; insurance on the vessel; wages of, transportation of, and services for Master, Officers, and crew and consular fees pertaining to them in accordance with subparagraph (n)(1) (Port Charges and Expenses) above. Owner will be responsible for and pay all expenses for loading and unloading cargo identified in Box 1. Owner will also be responsible for all port charges associated with the foregoing.

AMEND: Part I, Boxes 13-15 – revised in their entirety to read as follows:

FOS

Base Period: 40 days

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

ADD: PART II (V) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (NOV 2015)

ADD: PART II (W) 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015) AMEND: Part III(c)(vi): Reports shall be sent to the following email addresses:

HQCARGO@navy.mil david.t.coulter@navy.mil larry.larsson@navy.mil

M-NA-MSCEURAF-CARGO-DISTRO-GS@eu.navy.mil AMEND: PART 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 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]

X (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) ADD: 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014) – CHECKED; ADD: 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.

http://www.acquisition.gov/far/current/html/52_212_213.html AMEND 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEC 2014) – NOT CHECKED

ADD 252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2016-O0003) (OCT 2015)

AMEND PART VIII (b) (8) TO READ AS FOLLOWS; DFARS 252.204-7012, SAFE GUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013); CHECKED

PART XIII: ADD: DFARS 252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELIQUENCY TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2016 APPROPRIATIONS (OCT 2015)

PART VIII(b)(12): AMEND TO READ: DFARS 252.215-7008 ONLY ONE OFFER (OCT 2013)

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

PART VIII (b)(21): ADD: 252.223-7003 CHANGE IN PLACE OF PERFORMANCE – AMMUNITION AND EXPLOSIVES (DEC 1991) – CHECKED ADD 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2012-O006) (SEP 2015)

ADD 252.225-7981 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS (OTHER THAN USCENTCOM) (DEVIATION 2015-O0016) (SEP 2015) PART VIII (b)(22): ADD 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013); CHECKED

PART VIII (b)(23): ADD 252.211-7007 Reporting of Government-Furnished Property (AUG 2012); CHECKED.

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

AMEND: X(c): AMEND 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 (d)(a): delete (a) in its entirety and replace it with the following: Past Performance. Offerors will be evaluated on their performance under existing and prior contracts for similar services and as otherwise detailed in the solicitation. Information obtained from references listed in proposals, other customers known to the Government, and other sources of useful and relevant information will be considered.

(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, offeors 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) 36

(B) 00

(C) 04

(1) MGO/MDO

per metric ton

$ 1,002.65

(2) IFO-180

per metric ton

$ 608.48

(3) IFO-380

per metric ton

$ 603.06 PART XII (d)(2): AMEND TO READ: FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, (MAR 2015) Alternate 1 (OCT 2014)

PART XIII: ADD: DFARS 252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELIQUENCY TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

C. 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 DRYTIME 2013 Rev 1 (10-13) DRYTIME BOXES pages I-1 through I-12, as applicable and at a minimum:

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

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

- 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.

- Completed Offeror Representations and Certifications – Commercial Items FAR 52.212-3 (NOV 2015) (Parts XII and XIII, Ref (b)).

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

- 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)(Class Deviation 2016-O0002) [REPLACES 252.209-7992]

- 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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