N32205-16-R-3516_Amendment_0001_Conformed.docx

N32205-16-R-3516

N32205-16-R-3516

Section SF 1449 - CONTINUATION SHEET

Charter Hire Firm Period

FFP

365 Days FOB: Destination

NET AMT

Port Charges Firm Period

1 Each

NET AMT

Fuel Charges Firm Period

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

Charter Hire Option Three

NET AMT

Port Charges Option Three

NET AMT

Fuel Charges Option Three

NET AMT

Charter Hire Option Four

NET AMT

Port Charges Option Four

NET AMT

Fuel Charges Option Four

NET AMT

MSC RFP N32205-16-R-3516

DRY TIME

UNDER FAR PART 12

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “Contract” or the “Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and completed Parts I through XIII.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through XIII contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through XIII shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

DRYTIME CHARTER

TABLE OF CONTENTS

Part Page No.

I. DRYTIME BOXES I-1 – I-21

Part Page No.

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)

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

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

(iv) Alternate III (Oct 2014) of 52.219-9.

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES VIII-1 – VIII-11

IX. ATTACHMENTS IX-1 – IX-13

X. INSTRUCTIONS TO OFFERORS X-1 – X-9

Vessel(s):

MSC DRYTIME

PART I - DRYTIME BOXES

1. Vessel(s) Required:

The Vessel shall be a U.S. flag (upon delivery), self-sustaining combination container/break bulk vessel with hydraulic rolling hatches, the capability to lift containerized cargo, refrigerated containers, flat racks, break bulk, hazardous cargo including ammunition, and rolling stock. The Vessel shall at a minimum accommodate four supercargo, in addition to the Master, Officers, and crew. The Vessel shall have a minimum Speed of Advance (SOA) of 15 Knots. The Vessel shall have a minimum operating range of 8000 nautical miles. The Vessel’s maximum draft shall not exceed 35 feet. (See Block 75 for continuation)

2. Place / Range of Delivery: Far East/Indian Ocean (Port in CHOP)

3. Place / Range of Redelivery:

Far East/Indian Ocean (Port in CHOP)

4. Charter Period):

Base period of 12 months with three option periods of 12 months each and one 11-month option period.

5. Laydays:

Commencing: 07 June 2017 Ending: 08 June 2017

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

· Add Part V (c) NAVIGATIONAL EQUIPMENT

· Add Part V (e) TIME CHARTER WAR RISK

· Completed DD Form 254, Contract Security Classification Specification

· Any vessel requiring reflagging shall not exceed 15 years in age at time of delivery; except if vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis). Additionally, any vessel built in a foreign shipyard shall have a minimum of one year’s documented performance history at the time of offer submission.

· The Vessel shall be fitted with a USCG-approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

· Delete Part X(a)(2)

· Part IV(a) modified to delete inapplicable definitions

Vessel(s):

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

11. Broker (address, phone, e-mail, fax):

12. Remittance address for hire (if other than box 10):

Vessel(s):

PRICING DATA

FIRST PERIOD

SECOND PERIOD

THIRD PERIOD

FOURTH PERIOD

Vessel(s):

FIFTH PERIOD

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

17. Other Costs:

Vessel(s):

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

20. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): SELECT ONE

Offeror IS a VISA Participant _____ Priority Level ______ Vessel(s) offered IS (ARE)) Enrolled in VISA _____ Offeror HAS APPLIED to be a VISA Participant _______ Vessel(s) offered WILL BE Enrolled in VISA _____ Offeror IS NOT a VISA Participant _______ Vessel(s) IS (ARE) Not Enrolled in VISA ____

21. Vessel type and, if applicable, MARAD design type:

22. Place built

23. Year built: Flag:

24. INMARSAT Ident.:

25. Vessel's e-mail/Fax:

26. Call Letters:

27. Official number:

28. Net registered tonnage:

29. Panama Canal tonnage:

30. Gross registered tonnage:

31. Suez Canal tonnage:

32. Beam (extreme)

a. (ft) b. (m)

33. Length Overall:

a. (ft) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft) b. (m)

36. Summer mean draft:

a. (ft) b. (m)

37. Deadweight capacity (on draft in Box 36):

a. (LT) b. (t)

38. Displacement, loaded (on draft in Box 36):

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft) b. (m)

40. Shaft Horsepower/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

49. MarAd subsidized vessel: Yes _____ Will not be subsidized after postaward sale.

No ______

50. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

51. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Number of tween decks:

53. Cargo Space

1. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU):

55. Total on-deck container capacity (TEU/FEU):

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

57. Reefer-space capacity (cu ft / cu meters):

58. Deep-tank capacity (cu ft/cu meters/bbls):

59. Capacity of spaces fitted with cell guides (TEU):

60. Amount and location of permanent ballast carried:

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

Vessel(s):

CARGO CAPACITY (continued)

62. General description of cargo spaces and special features: See block 75

Vessel(s):

GEAR

63. Number/location/SWL capacity of winches, derricks, booms, and cranes: See block 75

CASUALTIES / DEFICIENCIES

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if "yes")

65. Are any deficiencies lodged by any regulatory body outstanding against the Vessel? (include full description if "yes")

FUEL CONSUMPTION AT SERVICE SPEEDS

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box 67):

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated): It is estimated without guarantee that the vessel will be in port 50% of the time and underway laden 50% of the time. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for vessel and cargo maintenance, or for cargo discharging/loading operations

72: Grades Consumed:

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Vessel(s):

FUEL GRADE

Vessel(s):

CONTINUATION

75. (Continuation of Block 1)

· Container Capacity. The Vessel shall accommodate a minimum of 230 twenty-foot equivalent unit (TEU) containers. Within the specified 230 TEU capacity, the Vessel shall be able to accommodate various combinations of twenty-foot and forty-foot containers with the ability to carry a combination of at least 80 forty-foot containers and 70 twenty-foot containers.

· Vessel shall be capable of carrying a maximum load averaging 14 metric tons per container, 100 of which may weigh 22 metric tons, within acceptable limits for overall displacement (load line), trim, stability and hull stress as specified by the regulatory agency for the Vessel.

· Refrigerated Container Outlets. Within the 230 TEU capacity specified above, Vessel shall accommodate a minimum of 50 reefer containers (twenty-foot or forty-foot) with outlets, supplied from the ship’s internal electrical distribution system, capable of sustaining refrigerated TEU containers operating on:

200 VAC, 3 phase, 50/60 Hz 220 VAC, 3 phase, 60 Hz 380-415 VAC, 3 phase, 50 Hz 440 VAC, 3 phase, 60 Hz

· Break bulk Capacity. The Vessel shall have a minimum break bulk cargo capacity of 100,000 cubic feet bale with a minimum 10 feet of clearance exclusive of TEU capacity specified above. Vessel shall be capable of carrying break bulk ammunition with proper segregation. The Government will sheath holds as required. The Vessel will be provided with sufficient tie-down points (pad eyes, D-rings, etc.) to secure various types of break bulk cargo or vehicles.

The TEU and cube requirements are exclusive of each other; ie., vessel shall be capable of 230 TEUs OR 100,000 Cu.ft.

· Cargo Stowage. The Vessel shall be able to accommodate all standard types of dry cargo containers, refrigerated containers, flat racks, and ISO tank containers.

· The Vessel shall be equipped with sufficient quantities of matching stacking cones, automatic twist locks (SATL/IBC), container deck sockets, “D” ring fittings for container deck sockets capable of lashing break bulk cargo, chains and binders for lashing break bulk cargo and lashing gear for carriage and securing of all containers in stacks of two-high minimum on deck.

· Hazardous Material. The Vessel shall be capable of carrying all types of hazardous cargo with proper segregations.

· Oily Water Separator/Slops Retention. The Vessel shall be fitted with a USCG approved bilge/oily water separator and shall employ methods, both through installed equipment and operational practices, to minimize slops (bilge water, waste oil, contaminated water, etc.) The Vessel shall be capable of retaining all slops generated during normal operations on board for a minimum of 30 days capacity. Existing tanks may be used or converted to meet this requirement.

· Self-Sustaining Capability. The Vessel shall be self-sustaining for loading and discharging break bulk, containerized and vehicle cargoes.

· Cranes. Vessel’s gear shall consist of at least two booms or cranes with a minimum of 30 LT SWL lifting capacity at all hatches where twenty or forty foot containers are stowed and the capability of lifting 50 LT in tandem.

· Spreader Bars. Vessel must be equipped with twenty and forty-foot spreader bars. Such spreader bars shall be supplied by the Vessel Owner.

· Lashing. All lashing and securing gear for containers are to be provided by the Vessel Owner.

· Deck Loading. Tank tops intended for stowage shall be designed to accommodate heavy vehicles, up to and including the M-1 tank with a uniformly distributed load of minimum 525 psf. These decks shall be capable of supporting the local loads imposed by such vehicles without recourse to mandatory parking patterns. These decks shall also be capable of supporting lighter vehicles with small footprints (which may impose more severe local loading and specific deck structures) such as fully loaded 2.5 ton trucks or forklift trucks. No grating is permitted on decks intended for cargo stowage.

· Vessel Age. Any vessel requiring reflagging shall not exceed 15 years in age at time of delivery; except if vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis). Additionally, any vessel built in a foreign shipyard shall have a minimum of one year’s documented performance history at the time of offer submission.

· Marine Sanitation Device (MSD). The Vessel shall be fitted with a USCG-approved MSD. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least 30 days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

76. Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor’s inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery $ (of vessel) Vessel acquisition $ Reflagging $ Conversion/Modification $ During Fixed Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 1st Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 2nd Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 3rd Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 4th Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clauses entitled “Default,” “Termination for Convenience of the Government,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

Note: Pursuant to 10 U.S.C. § 2401, the Government is prohibited from entering into a vessel charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 25% of the value of the vessel for the termination liability; or

ii. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) (tailored pursuant to FAR 12.302(a))

* Indicates that the clause is not tailorable.

^ Indicates that the clause has not been tailored.

(a) INSPECTION (TAILORED)

(1) In General

(i) The Vessel and Associated Equipment shall be subject to the Government's inspection as to suitability for the required service prior to delivery and subject to subsequent inspections at any time during the period of this Charter to determine continuing suitability for the required service as well as to determine whether the material condition of the Vessel and Associated Equipment will prevent effective operation during basic and optional periods (if any) of this Charter. Such inspections may include, but not be limited to:

(ii) The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor.

(iii) If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended services or unable to operate for the remaining period of this Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law.

(iv) The Vessel horsepower identified in Boxes 40 and 41 shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government.

(2) Predelivery Inspection. A predelivery inspection of the Vessel may be held at the Charterer's option; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this paragraph shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this Charter Party, whether made at the delivery inspection or at any time during the period of the charter period including options if exercised.

(3) Service Inspection

(i) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may –

(ii) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may –

*(b) ASSIGNMENT

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) CHANGES (TAILORED)

Changes within the general scope of any of the terms and conditions of this Contract may be ordered by the Contracting Officer. If any such change causes an increase or decrease in the cost of performance, such change will be the subject of a bilateral modification to the Contract. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

*(d) DISPUTES

This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS (TAILORED)

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. Additional definitions are listed in Part IV.

(f) EXCUSABLE DELAYS (TAILORED)

(1) Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion; earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers or other personnel, as applicable, onboard.

(2) Notification. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(3) Reservation. The exceptions identified in subparagraph (1) above shall not be such as to affect the Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the services specified under this Charter. Defaults of subcontractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under subparagraph (1).

*(g) INVOICE

1. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

1. (i) Name and address of the Contractor;

1. (ii) Invoice date and number;

1. (iii) Contract number, contract line item number and, if applicable, the order number;

1. (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

1. (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

1. (vi) Terms of any discount for prompt payment offered;

1. (vii) Name and address of official to whom payment is to be sent;

1. (viii) Name, title, and phone number of person to notify in event of defective invoice; and

1. (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

1. (x) Electronic funds transfer (EFT) banking information.

1. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

1. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT…