RFP_-_N32205-16-R-3508.pdf

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATI

NORFOLK VA 23511-2419

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N32205-16-R-3508 10-Dec-2015

b. TELEPHONE NUMBER

(757) 443-1473

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 11 Jan 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N32205

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL PEROHA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N32205-16-R-3508

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Firm Period Tug Services

FFP

Tug Services covering the period of 01 April 2016 to 31 March 2017.

FOB: Destination

NET AMT

Option Period 1 Tug Services

FFP

Tug Services covering the period of 01 April 2017 to 31 March 2018.

Option Period 2 Tug Services

FFP

Tug Services covering the period of 01 April 2018 to 31 March 2019.

Option Period 3 Tug Services

FFP

Tug Services covering the period of 01 April 2019 to 31 March 2020.

Option Period 4 Tug Services

FFP

Tug Services covering the period of 01 April 2020 to 31 March 2021.

NOTICE TO OFFERORS

A. OFFEROR FILL-IN CLAUSES

Offeror fill–in clauses 52.203-2 and 52.212-3 required for this solicitation are provided for the convenience of Offerors in the Submission Package. It also provides a form to record the offered prices and forms for the proposed Vessel characteristics, the Vessel Casualty and Strike Contingency Plans.

END OF NOTICE TO OFFERORS

52.212-4 ADDENDUM

In accordance with FAR 12.301(e) and FAR 12.302, the following paragraphs, stating additional terms and conditions consistent with customary commercial practice and necessary for performance of the contract, are added to FAR 52.212-4.

(a) NO COST CANCELLATION OF CONTRACT. The Government shall have the right to cancel the contract at no cost upon 30-days written notice by the Contracting Officer in any option period.

(b) INVOICE ADDRESS. See DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT

INSTRUCTIONS.

(c) LAWS GOVERNING. This Charter Party shall be governed by the laws of the United States.

(d) STANDARDS OF APPEARANCE. It is important that the Vessel operation meets the highest possible standards of appearance and Vessel smartness. To this end, the Owner and operator will institute a continuous program of Vessel maintenance. The hull, decks, deckhouse, and all appurtenances will be cleaned and preserved as necessary and painted as required. The interior of the Vessel's deckhouses will be maintained in a clean and orderly state, with all equipage properly and securely stowed. The main and auxiliary machinery spaces will be kept clean and free of excessive accumulations of oil and debris. All spaces will be lighted to allow safe operation and correct maintenance of machinery and equipment.

(e) WAIVER OF CLAIMS. All claims whatsoever under this contract must be submitted to the Contracting

Officer pursuant to the clause entitled “Disputes” within six months of the accrual of the claim. All claims not so submitted shall be deemed waived by the Owner.

(f) GENERAL DEFINITIONS.

(1) "Assisting" - Movement of a tow, which is making use of, or which has available for use, her own propulsion

(2) "Associated Equipment" - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Contract

(3) "Crew" – Members of the Vessel(s) identified in rate schedule.

(4) "Dry-docking" - For purposes of this Contract dry-docking shall mean any removal of the Vessel from the water for any purpose.

(5) "Line-handling" - Movement or transportation of the tow's lines ashore by Vessel's crew

(6) "Master" – Master of the Vessel identified in the rate schedule

(7) "Overtime" – As shown in statement of work.

(8) "Owner" - That entity exercising commercial control of the Vessel(s) identified in the Rate Schedule;

interchangeable with "contractor" and "offeror" and to include disponent owners and all the shipowner's and disponent owner's agents, employees, independent contractors, Master, Officers, and crew

(9) "Owner's Representative" - See "Representative", below

(10) "Place" - Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

(11) "Representative" - Foreman, superintendent, dispatcher, supervisor, or manager employed and designated by Owner to respond to Government requests for service under this Contract

(12) "Vessel/Vessels" - Those Vessels identified in the Rate Schedule and any other Vessel(s) accepted by the Government for use under this Contract (the word "Vessel" as used in this Contract is both plural and singular).

WAWF INSTRUCTIONS

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank."

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 in DFARS 252.232-7006. 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 Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) 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.

(End of instructions)

INSURANCE, WAR, AND RISK

INSURANCE

1. Vessel Owner’s Insurance

(a) General. During the full period of this Charter Party, the Owner shall maintain marine insurance coverage on the Vessel, including Broad Form Tower’s Liability Insurance (including damage to the Tow) on each vessel performing under this Contract, Hull and Machinery, Protection and Indemnity (P&I) (including Tower’s Protection and Indemnity Liability Insurance on each vessel performing under this Contract), Pollution Liability, War Risk Hull and Machinery, War Risk P&I, Second Seamen's War Risk and Government Personnel Training Insurance (shall cover hands-on operation of the Vessel equipment by Government personnel while training to operate the Vessel under the Emergency Situations and Training clause). Except as otherwise provided in this Charter Party, the expense for such insurance coverages shall be for the Owner's account and shall be deemed to be included in the hire payable under this Charter Party.

Except as provided herein, the Owner shall be responsible for the cost of such insurance, including deductibles, premia, additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable. Within 10 calendar days following award of the contract, the Owner shall notify the Contracting Officer in writing that the required insurance has been obtained.

(b) Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any Amount due the Owner under paragraph (a) shall be subject to setoff by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by paragraph (a).

(c) Cancellation or Material Change in Coverage. All policies shall contain an endorsement stating that “in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the Contracting Officer.” Wording such as “will endeavor to mail notice” or “failure to mail such notices shall impose no obligation or liability” is not acceptable.

(d) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel’s Broad Form Tower’s Liability policy, Tower’s P&I policy, Hull and Machinery policy (and the Increased Value policy if applicable), the Vessel’s P&I entry, any additional pollution liability coverage, the Vessel’s War Risk Hull and Machinery policy including P&I, and Second Seaman’s War Risk.

2. War

(a) Voyage Instructions. If the Vessel is ordered under this Charter Party to any port, place, or zone involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Owner not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Owner indemnification against said risks pursuant to Public Law 85-804.

(b) The Vessel Owner shall immediately notify the Charterer: (i) whenever any sailing orders will result in a vessel subject to this contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current List of Areas of Perceived Enhanced Risk); (ii) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the List of Areas of Perceived Enhanced Risk) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this contract. The Owner shall ensure that the insurers provide it relevant information in a timely manner. If the Owner has given this required notice to the Charterer, the Charterer will reimburse the Owner for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Area of Perceived Enhanced Risk under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Owner notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

(c) Additional Wage Costs. The Charterer shall reimburse Owner for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone, or route. Owner shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

3. Government War Risk Insurance / Indemnity

(a) General. Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of paragraph (b) of the section entitled “War” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas (also known as Listed Areas of Perceived Enhanced Risk) under the Owner’s commercial War Risk coverage, the Owner shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Listed Areas of Perceived Enhanced Risk, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Owner shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Owner shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Owner shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

(b) Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime

Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Listed Areas of Perceived Enhanced Risk, or otherwise excluded under the Owner’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Owner:

(c) War Risk Protection and Indemnity insurance covering all liabilities up to an amount of $250,000,000;

War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Crew Member for loss of life.

(d) Government Indemnity. Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and

Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

PLANS AND REPORTS

PLANS AND REPORTS

1. STRIKE CONTINGENCY PLAN.

(a) The contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

(b) The contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan, whose approval shall not be unreasonably withheld.

2. VESSEL CASUALTY PLAN.

(a) The contractor shall provide and maintain a vessel casualty plan that describes how services will be continued if there is a casualty to the Vessel or to a system that makes the Vessel inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute vessel in the event of a vessel casualty.

Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

(b) The contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan, whose approval shall not be unreasonably withheld.

3. INCIDENT REPORTS. In all instances in which any vessel being handled by Owner’s Vessel(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Vessel Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officer within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries, and listing recommendations to prevent recurrence.

4. COMPLIANCE: All vessels shall be compliant with all applicable Federal and state laws and regulations and in particular, with all applicable U.S. Coast Guard regulations for vessels and their operation.

PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK: MSC requests for one (1) twin screw or better tug to provide call-out harbor support services and ship handling for vessels visiting the Naval Ordnance Test Unit at Port Canaveral, FL. This call-out contract is for all requirements that cannot be satisfied with government-owned vessels and the two tug requirements contract (both current and follow-on contracts with essentially the same terms). The expected annual operating tempo (OPTEMPO) for the one tug is approximately 20 ship movements with each ship movement requiring (2) tug moves (docking and undocking). Each tug move lasts on average 2 hours each, of which two (2) submarine movements may occur during overtime working hours. Therefore, the annual estimate of ship movements is 80 hours [(1 tug x 2 hours) x 40 moves]. This is an estimate and not a guarantee of work.

The following list is provided for illustrative purposes only and describes some of the services that may be performed on a 24 hour per day, 365 days per year basis:

(a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting various Vessel types, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. Government reserves the right to use Government-owned, controlled, or chartered Tugs or vessels separately or jointly with Owner's Vessels in the performance of any services listed in this Contract.

(b) Transfers of pilots and Government Personnel by Tug.

(c) Emergency support services, including responses to weather conditions threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; tugs aground; tug equipment failures; downed aircraft; oil spills; missions of mercy; collisions; ammunition mishaps; search-and-rescue operations; shipboard casualty; and National Defense Emergency.

(d) Line handling.

(e) Providing personnel (other than a riding crew) to go aboard a tow.

(f) The following is a list of vessel classes that are likely to be supported the list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive:

. AE . ARS . DD . LPH

. AFDM . AS . DDG . LSD

. AGDS . ASR . FF . LST

. AKE . ATF . FFG . MSO

. AO . AVM . IX . SS

. AOE . CG . LHA . SSBN

. AOR . CGN . LHD . SSN

. AR . CV . LKA - SSGN

. ARD . CVN . LPD

. Or foreign military vessels equivalent to any of the above

(g) Owner's Representative shall provide adequate staff and communications to promptly respond to Government's requests for services under this Contract on a 24-hour-day basis.

2. AREA OF OPERATIONS: Port Canaveral, FL and surrounding navigable waters.

3. CONTRACT STYLE: Firm Fixed Price.

4. PERIOD OF PERFORMANCE:

Period Length (days)

Option Notice Date of

Commencement Date of

Completion Firm Period

01 Apr 2016 31 Mar 2017

Option Period One

(See FAR clause 52.217-9)

01 Apr 2017 31 Mar 2018

Option Period Two

52.217-9)

01 Apr 2018 31 Mar 2019

Option Period Three

52.217-9)

01 Apr 2019 31 Mar 2020

Option Period Four

52.217-9)

01 Apr 2020 31 Mar 2021

5. Requests for services within the scope of this contract may only be issued by:

(a) Contracting Officer; or

(b) Contracting Officer’s Representative (COR);and

(c) Alternate Contracting Officer’s Representative (ACOR)

The Tug(s) chartered under this contract shall have the minimum characteristics as described in the tug characteristics chart in the Tug Characteristics Sheet. Specifications and characteristics exceeding the minimum, if offered and accepted by the Government, are incorporated by reference upon contract award and become the minimum requirement.

Name SHP Bollard Pull Name SHP Bollard Pull

6. VESSEL CHARACTERISTICS: The vessel shall have the following minimum characteristics:

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

FLAG

USA MAXIMUM DRAFT 16ft in salt water

PROPULSION TYPE

Twin Screw or better SURFACE FENDERING Non-marking fendering, clean and sufficient to prevent metal-to-metal contact with surface vessels

SHAFT HORSEPOWER

Min: 2,100

CAPSTANS/WINCHES Sufficient for services performed under this contract with minimum safe working loads of 7,000 lbs.

BOLLARD PULL

AHEAD:

Min: 65,000 lbs

COMMUNICATION

EQUIPMENT

Minimum required by the US Coast Guard for International waters.

TRANSIT SPEED

8 kts min in moderate weather under 80% rated horsepower

NAVIGATION

EQUIPMENT

Minimum required by the US Coast Guard to support safe navigation in reduced visibility and during

SUBSURFAC

E

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-metal contact with sub-surface vessels.

LINES

Lines and wires, and associated equipment sufficient to safely and efficiently perform the services under this contract

7. SCHEDULE OF ESTIMATES. The following estimates are not a guarantee of work. This information is provided for contractor estimation purposes and for contract evaluation purposes see provision 52.212-2. Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment.

PERIOD ESTIMATED HOURS

Base Period 80 Option One 80 Option Two 80

Option Three 80 Option Four 80

8. NOTIFICATION. Services shall require no more than the following notification times before the tug shall be on-site ready to perform:

Time Required Response

Straight Time: 0700-1900 hours M-F excluding Federal Holidays

Twelve (12) hours

Overtime: 1901-0659 All hours not covered in Straight Time and all weekends and federal holidays

One (1) hour

NOTE: Contractors shall respond to emergencies with utmost dispatch.

9. METHOD OF ORDERING:

(a) Orders may be issued by:

i) DD Form 1155 or SF1449 (via facsimile, hardcopy or electronically); or

ii) Orally (To be confirmed in writing within 3 business days).

(b) Orders may be issued for:

i) A specific movement;

ii) A series of movements.

10. SCHEDULE MINIMUM TOTAL ORDER QUANTITY: This contract may or may not incorporate a minimum guaranteed amount. The inclusion of a guaranteed amount is designated by a check in the boxes below:

(a) CONTRACT HAS A MINIMUM GUARANTEE:

i) The government guarantees that it will order a minimum amount of work that will have a dollar amount equivalent to the following:

Rate (straight-time): Units (straight-time)

CONTRACT HAS NO MINIMUM GUARANTEE.

11. SCHEDULE OF SUPPLIES AND SERVICES.

a. The Schedule of Supplies and Services follows as CLINS under this contract.

b. The following tables will be filled in by the Government at award:

(1) Rate Schedule

(2) CLIN price and quantity of data

(3) Authorized Vessel

12. INVOICE INSTRUCTIONS.

a. Invoices shall be submitted in accordance with the instructions in DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) and DFARS clause 252.232-7006, Wide Area Work Flow Payment Instructions (MAY 2013). Also, see the MSC-Specific WAWF Instructions, later in this contract.

13. RATE SCHEDULE.

(To be filled in by the Government at award)

Tug #1 Base Period Option 1 Option 2 Option 3 Option 4

Hourly Rate $

(a) Hourly Rate: This rate gives a rate for the provision of any type of work that the vessel can perform and that is contemplated by this contract. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs; bonuses; payments; emoluments payable to the

Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order. The Hourly Rate, pro-rated to the nearest quarter hour, shall be calculated from the date and time the tug reports in all aspects ready to perform at the location, time and date (but no earlier than the date and time specified in the order, unless agreed upon by the Government) specified in the Government order. The Hourly Rate will continue to be earned until the Government dismisses the vessel.

(b) Cancelled Orders: Orders cancelled outside the required notification period shown in the Performance Work Statement will incur no charge. Orders cancelled within the required notification period will incur a charge equal to two hours at the hourly rate.

(c) Overtime: The hourly differential rate shall cover all additional costs for operating the vessel during overtime periods and shall be pro-rated to the nearest quarter hour.

WAGE DETERMINATION

Wage Determination (2010-0205 Rev.9) is incorporated into this contract and is available upon request. Offerors are required to pay the heath and wellfare at Rev. 9 but the daily employee rates at Rev. 7. Please contact Mike Peroha (michael.peroha@navy.mil) or Carley Orvin (franklin.orvin@navy.mil) to obtain wage determination.

FUNDING

Funding will be provided with each individual task order. Expenditures may not exceed the funding on any task order for that purpose.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.216-18 Ordering OCT 1995 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

NOV 2015

252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

NOV 2015

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

OCT 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

In accordance with FAR 12.302 (Tailoring of provisions and clauses for the acquisition of commercial items) the following shall take precedence over the un-tailored paragraphs.

(a) This procurement is a FAR Part 12 acquisition being conducted under the FAR Subpart 13.5 Commercial Items

Test Program. Accordingly, simplified acquisition procedures apply. After receipt of proposals the Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate

(b) Proposals may be only hand delivered, mailed or e-mailed directly to mike.peroha@navy.mil the sole designated

E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

E-mail proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed 1449 and any amendments, which must be included in a proposal as scanned .pdf files, and the price proposal, which may be submitted in Excel format. 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. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. 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 unless the exception at FAR 52.212- 1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.

Hand delivered and mailed proposals shall be sent to the following location and must be received there prior to the due date and time for proposal submission:

Military Sealift Command Attention: Mike Peroha, N103A, SP-64 Norfolk Naval Station 471 East C Street Norfolk, VA 23511

Access to the Washington Navy Yard is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed proposals may encounter unpredictable and lengthy routing delays. In all cases, Offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission.

(c) Failure of an offer to address any items in the Performance Work Statement may make the offer unacceptable and/or may result in it not being considered for award.

(d) Offerors are encouraged to submit offers using the Submission Package, Attachment A. The Submission

Package contains forms for the proposed Minimum Tug Characteristics, the Offered Rates, and the Vessel Casualty and Strike Contingency Plans. Spec Sheets, Rate Sheets or other documents may be substituted but must address the details in these forms.

(e) The Independent Pricing Certificate and the Representations and Certifications clauses that offerors are required to complete are also provided.

(f) 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).

(g) 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 foregoing does not preclude an offeror from withdrawing its offer prior to award.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will evaluate offers on a Lowest Price, Technically Acceptable (LPTA) basis. The technical factor will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to the responsible offeror with the lowest evaluated price proposal whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors. In order to be considered awardable, an offer must receive an acceptable rating in every non-price factor/subfactor. In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical Price Past Performance

(b) Evaluation of Factors

(1) Technical.

The Government will review the offeror’s proposed vessel characteristics submitted in the submission package to ensure that the capability of the proposed vessel meets the Government’s needs as described in the Performance Work Statement. The evaluation will consider if the offer meets the minimum requirements stated in the solicitation. Any offer that does not meet the minimum requirements shall be evaluated as Unacceptable.

(2) Price

(A) The Total Evaluated Price will equal the sum of the Total Dollar Amounts for the one (1) tug for the firm and option periods.

(B) The Total Dollar Amount for each period will equal the sum of the products of the offered Hourly Rate multiplied by its respective estimate in the Schedule of Estimates.

(C) Price analysis techniques will be used to determine price reasonableness. Materially unbalanced offers will not be considered for award.

(D) In the event only one technically acceptable offer is received, price analysis will be conducted using recent similar contracts, price indices, the Government estimate and/or other price indicators as deemed necessary by the Government. However, pursuant to FAR 15.403-3(b), if there are unusual circumstances where it is concluded that additional information is necessary to determine the reasonableness of price, the Contracting Officer will, to the maximum extent possible, obtain the additional information from sources other than the offeror so as to preclude the up-front submission of cost and pricing data. Additionally, the Contracting Officer will, to the maximum extent practicable, limit the scope of the request for information relating to this procurement to include only that information that is in the form regularly maintained by the offeror as part of its normal operations. If a fair and reasonable price cannot be determined from price analysis, the Government will request cost and pricing data.

(3) Past Performance

A. 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.

B. 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.

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

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

c. The Government intends to award without discussions. Pursuant to FAR 52.212-1(g), however, the

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

d. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and…