Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to extend the deadline for receipt of proposals to 11:00 AM, 31 May 2017; to add Sections G-3.3.3 and G-3.5 to Part IV; to make Section (r) of Part IV not applicable to this solicitation; to remove the reference to Section (e) of Part V from Box 6 of Part I(Dry Time Boxes); to amend FAR 52.212-1 to request that offerors submit a price for the Optional Purchase of the Vessel in box 75 of Part I; to correct incorrect solicitation numbers in Attachment B - Basic Pricing Data; and to provide the highlighted correction in the table located in Attachment E, PWS, Section 1.15.15.

All other provisions of the solicitation remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 23

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 16-May-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N32205-17-R-3505

X 9B. DATED (SEE ITEM 11)

28-Apr-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

16-May-2017

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511-2419

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N32205-17-R-3505

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

The following have been modified:

PART I - DRYTIME BOXES

Vessel(s):

Solicitation Number: N32205-17-R-3505 Contract Number (date):

MSC DRYTIME

PART I - DRYTIME BOXES

Solicitation Number: N32205-17-R-3505 Contract Number (date):

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E.

Attachment E is hereby incorporated into the boxes for the purposes of FAR 52.212-4(as tailored) paragraph (s) ORDER OF

PRECEDENCE (TAILORED).

See Block 75 for continuation.

2. Place / Range of Delivery: JEB Little Creek-Fort Story, Virginia Beach, VA

3. Place / Range of Redelivery:

U.S. East Coast

4. Charter Period):

Base period of one year with two option periods of 12 months each.

5. Laydays:

Commencing: 01 October 2017 Ending: 01 October 2017

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

From PART V.:

(c) FUEL MONITORING

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):

FOURTH PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

(Not Applicable to this solicitation) (Not Applicable to this solicitation)

13C. USD per diem

14C. USD per diem

15C. USD per diem

Solicitation Number : N32205-17-R-3505 Contract Number (date):

PRICING DATA

FIRST PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

13. USD per diem

14. USD per diem

15. USD per diem

SECOND PERIOD

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

13A. USD per diem

14A. USD per diem

15A. USD per diem

THIRD PERIOD

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

13B. USD per diem

14B. USD per diem

15B. USD per diem

FIFTH PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL STATUS

RATE

13D. USD per diem

14D. USD per diem

15D. USD per diem

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

(Not Applicable to this solicitation)

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)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

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

a. 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)

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

No ______

Solicitation Number (date): N32205-17-R-3505 Contract Number (date):

CARGO CAPACITY (continued)

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

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

66. Average warranted speed (knots, for laden, moderate weather): 67. Average warranted speed (knots, for ballast, moderate weather):

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):

70. Auxiliaries underway fuel consumption (net bbls at 60 deg F and grade(s), only if not elsewhere identified):

71. Idle fuel period fuel consumption (net bbls at 60 deg F and grade(s)):

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:

73 A. LADEN 73 B. BALLAST

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Knots Net bbls per mile Net bbls per day Operatin g Range

(NM)

08 08

09 09

10 10

11 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

FUEL GRADE

CONTINUATION

75. (Continuation of Block 1)

IAW Part II, 52.212-4(w), Option to Purchase This Time Chartered Vessel, insert proposed purchase price of vessel:

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 $

"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 IV

PART IV. TIME CHARTER COMMON TERMS AND CONDITIONS (Addendum to FAR 52.212-4)

(g) INSURANCE

G‐3.1 Vessel Owner’s Insurance.

G‐3.1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the Vessel, including:

i. Hull and Machinery,

ii. Protection and Indemnity (P&I) (including pollution liability),

iii. War Risk Hull and Machinery,

iv. War Risk Protection and Indemnity (P&I), and

v. Second Seaman’s War Risk.

Except as otherwise expressly provided in Section G‐3.1.3 below or as expressly provided in Section G‐3.1.3 below or as expressly provided in the section entitled “War” (G‐4), all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this charter contract.

G-3.1.2 Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section G-3.1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United States of America up to an amount of $350,000,000.”

G‐3.1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits. Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

G‐3.1.4 All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

G‐3.2 Charterer Named Additional Assured.

G‐3.2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation up to an amount of $350,000,000 under each of the Contractor’s policies listed in G-3.1.1. Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

G‐3.2.2 “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

G‐3.2.2.1 If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in Section G‐3.2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

G‐3.2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United States of America as additional assured Charterer.

G‐3.3 Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

G‐3.3.1 Contractor shall obtain a Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) with coverage amount of $350,000,000 and covering all risks typically covered by Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this contract. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

G‐3.3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it. Contractor will advise the insurer that the Charterer will not declare all ships chartered by it to the insurer, and shall obtain an endorsement on the policy stating, “the United States of America, as charterer, is not required to declare to [insert insurer name] all ships chartered by it.”

G-3.3.3 As stated in Attachment E, Performance Work Statement, civil service mariners might operate the dynamic positioning system of the vessel during training conducted by Contractor's employees. In the event the insurance policies required above do not provide hull & machinery or protection & indemnity insurance for Government employees operating the vessel during training conducted by Contractor employees, the hull & machinery and protection & indemnity policies obtained by the Contractor shall also cover mishaps that may occur during such situations.

G-3.4 Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy as required by Section G-3.2; or fails to obtain for the United States the Time Charterer P&I policy/entry with War Risks coverage required by Section G-3.3; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the required insurance policies/coverage.

G-3.4.1 Contractor shall not, through action or inaction (including but not limited to failing to meet all conditions of a policy, causing through action or inaction cessation of a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage. If any such policy is vitiated or voided by Contractor’s action or inaction as described in this Section G-3.4.1, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy remained in full force and effect.

G-3.4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section G‐3.2.2, fails to amend supplemental limiting provisions as described in Section G‐3.2.2.1, or fails to amend provisions limiting payment or coverage as described in Section G-3.2.3, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy had such provisions been stricken or amended as required.

G-3.5 Hull & Machinery Insurance Coverage. The Hull and Machinery insurance policy, referenced in Section G- 3.1.1(i), that the Contractor obtains shall insure the hull value stated in the Vessel’s current commercial hull policy effective on the Charter Party date.

(r) REDUCED OPERATIONAL STATUS - NOT APPLICABLE TO THIS SOLICITATION

(1) Charterer’s Option. The Charterer shall have the right to direct the Owner to place the Vessel in a period of reduced operational status (ROS). During any such period the rate of hire shall be as stipulated in the applicable boxes in Part I. The less-than-10-day rates stipulated in Part I shall apply over the full term of:

(a) any ROS period which actually extends less than 10 days, and (b) any ROS period which is initially estimated by the Charterer to extend less than 10 days, regardless of the actual duration. The 10-day-and-longer rates stipulated in Part I shall apply over the full term of any ROS period which is estimated to and does extend 10 days or longer, without reference to any other ROS or FOS rates.

(2) Notice to Owner. The Charterer shall give the Owner written or electronic notice or, in the event notice is given by telephone, written or electronic confirmation of exercise of the right specified in subparagraph (1) above, including with said notice an estimate of the duration of the ROS period. Such notice shall also specify the time at which the period of ROS is to commence, which time shall not be less than 48 hours subsequent to the receipt of such notice by the Owner or its representative. The Charterer shall give the Owner written or electronic notice or, in the event notice is given by telephone, written or electronic confirmation of termination of the period of ROS. Such notice shall specify the time at which such period shall terminate, which time shall be at least 72 hours (Saturdays, Sundays and holidays excluded) subsequent to the receipt of said notice by the Owner or its representative; provided, however, that by agreement between the Owner and the Charterer the Vessel may be returned to full operational status (FOS) before the time specified in the notice of termination of the reduced operational period.

PART IX

PART IX. ATTACHMENTS – DRY CARGO TIME CHARTER

ATTACHMENTS TITLE

A Government Furnished Property and Directives (GFP)

B Basic Pricing Data (Revision 1)

C Crew Complement

D DD Form 254, Contract Security Classification

Specification

E Performance Work Statement (Revision 1)

F SF LLL, Disclosure of Lobbying Activities

G U.S. Department of Labor Wage Determination

H Anti-Terrorism/Force Protection (AT/FP), Chemical, Biological, Radiological Defense (CBRD) And Training Requirements

I Specifications for Chemical, Biological and Radiological Defense

(CBR-D) Decontamination station

J Shipboard Security System (SSS) Requirements

K Reserved

L COMSCINST 3121.9 Series, MSC Standard Operating Manual (SOM)

M Boats and Craft Dimensions

N Reserved

O Reserved

P Past Performance Data/Questionnaire

Q Technical Submission Spreadsheet

R Contract Data Requirements List (CDRL)

S Comprehensive Tow Plan

T Towing Performance Report

PART X

PART X. INSTRUCTIONS TO OFFERORS

(a) The Contractor shall comply with the following FAR provisions:

(1) FAR 52.212-1 Instructions to Offerors—Commercial Items (APR 2014) (tailored pursuant to FAR 12.302(a).

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.209-7 (XII(c)(1)) Information Regarding Responsibility Matters; and FAR 52.212-3 (XII(c)(2)) (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). (Tailored)

(9) Acknowledgment of Solicitation Amendments;

(10) Completed Attachments B, C, D, F,P and Q

(11) Past Performance Information: (Tailored)

(12) Offerors Proposed Option Purchase Price requested in PART II, 52.212-4(w), Option to Purchase this Time Chartered Vessel, shall be entered in Part I (Dry Time Boxes) box 75.

Offerors are requested to provide information on up to three previous Government contracts whose effort is/was recent and relevant to the effort required by this solicitation.

A. “Recent” is defined as a contract in-progress or completed within the last three years. If the offeror has not had three Government contracts within the last three years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

B. “Relevant” is defined as a contract that is of similar scope, magnitude, complexity to the requirements as set forth in this solicitation.

1. Scope: Experience in the areas defined in the PWS.

2. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS.

3. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

Offerors shall submit a Past Performance Data Sheet (Attachment IX(A)) for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

For each of the contracts the offeror describes in a Performance Data Sheet (Attachment IX(P)), the offeror is requested to provide a Past Performance Questionnaire (Attachment IX(P)) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email the completed Past Performance Questionnaire (Attachment IX(P)) BEFORE THE DUE DATE FOR PROPOSALS directly to the Contract Specialist identified in Box 7 of SF1449. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

All offerors are requested to address historical compliance with the requirements of FAR 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet (Attachment IX(P)). In addition, large businesses are requested to address historical compliance with the requirements of FAR 52.219-9 (Small Business Subcontracting Plan) and Class Deviation 2016-O0009 (Small Business Subcontracting Plan, DOD Requirements.) in the Performance Data Sheet (Attachment IX(P)).

An offeror that does not have recent and relevant past performance to provide for consideration is requested to affirmatively state that it does not have recent and relevant past performance for the Government to consider.

(12) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(13) Proposals shall not require extensive searching throughout the document(s) to locate and evaluate a particular item. Each volume should be written, to the greatest extent possible, on a stand-alone basis. The Government will not search through and fill-in missing information between volumes. Furthermore, in order to facilitate the technical evaluation of proposals, offerors should complete Column F of Attachment Q to indicate the page number and volume of their proposals that addresses the corresponding requirement listed in Attachment Q.

(14) Form of Submission. (Tailored) Offers shall be submitted electronically. Discussion items and Final proposal revisions (FPRs), if requested by the Contracting Officer, shall be submitted by electronic mail.

Electronic proposals shall be sent to michael.peroha@navy.mil and franklin.orvin@navy.mil

Offers may be modified, by electronic mail if that notice is received by the time specified for receipt of offers. A signed .pdf file of the offer modification must be attached.

Two separate files shall be submitted (Volume I – Price/Past Performance, and Volume II – Technical), with markings separating each section.

Proposals are to be submitted electronically to the email addresses provided above. Pages may be single- or double-spaced and no smaller than 12-point font type. Graphic information contained in tables, charts, figures, or graphs are exempted from the 12-point font limitation, and may contain a smaller, legible, font size. The Technical Volume, Volume II, shall include one complete set of general arrangement drawings of the proposed vessel.

Proposals shall not contain any classified information. Any portion of an offer, which the Offeror considers business sensitive, should be clearly marked as such (see FAR 52.215-1(e)).

Offers must arrive prior to the date and time indicated in Box 9 on the SF 1449. 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.

For treatment of late proposals or modifications of proposals see FAR 52.215-1.

For Final Proposal Revisions (FPRs) submitted via electronic mail, proposals shall be in either Adobe, Microsoft Word, with the exception of the signed SF1449, any amendments, which must be included in a proposal as scanned .pdf files, and the price proposal, which must be submitted in Microsoft 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 final 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 in accordance with FAR 15.208(b). Alternately, Proposals/extensions may be mailed/carried to the address shown in Box 9 on the SF 1449.

(15) (Tailored) Evidence of International Shipboard Port Security (ISPS) compliance, as applicable.

(16) (Tailored) Any other characteristics/details not shown in Part I that are pertinent to the Government’s evaluation factors.

(17) (Tailored) Owner’s e-mail 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).

(18) (Tailored) Offeror’s or authorized agent’s signature. Note: Unsigned offers will not be considered for award.

(19) (Tailored) Set of completed boxes found at RFP Part I, pages I-1 through I-19, as applicable; and in addition -

(i) Vessel’s INMARSAT #

(ii) Vessel’s call sign

(iii) Vessel’s IMO #

(iv) Reserved

(v) Reserved

(vi) Proposed lay days

(vii) Offer expiration

(viii) Acknowledgement of all terms and conditions of RFP

(ix) Reserved

(x) Reserved

(xi) Reserved

(xii) Provide detailed diagrams of vessel deck.

(xiii) Reserved.

(xiv) Provide the Vessel’s intended schedule through delivery.

(xv) Evidence of IMDG Certificate.

(xvi) Crew must be HAZMAT trained.

(xvii) Evidence of International Ship Security Certificate.

(xviii) Evidence of the Safety Management Certificate.

(xix) Reserved.

(xx) Reserved.

(xxi) Vessel shall be under class with an International Association of Classification Societies (IACS) member for the past twelve months, and has no outstanding conditions of class.

(xxii) Company shall have a valid International Safety Management (ISM) Document of Compliance for the past three contiguous years.

(xxiii) Provide detailed diagrams of vessel deck.

(xxiv) Reserved

(xxv) Provide Full Style of vessel and vessel’s owners/operators, and load/discharge port agents’ contact information.

(xxvi) Reserved.

(xxvii) Provide Ship Particulars.

(xxviii) Owners must provide load capacities of ship’s gear/cranes.

(xxix) Vessel must identify all deck spaces to be provided for loading.

(xxx) Completed Technical Evaluation Worksheet –Attachment 6 – inserting in each box in Column F the page number of their proposal where the corresponding technical requirement is addressed.

(20) (Tailored) Small Business Subcontracting Plan. In accordance with FAR 52.219-9 and Class Deviation 2016-O0009, large business offerors shall submit a Small Business Subcontracting Plan with their proposal.

Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated;

however, subcontracting plans that large businesses submit will be evaluated.

PART XI

PART XI. FAR 52.212-2 EVALUATION -- Commercial Items (OCT 2014) (tailored pursuant to FAR 12.302(a))

(e) Price.

The total evaluated price will equal the sum of the total dollar amounts for the firm and option periods for daily hire, and any delivery and/or redelivery fees, if offered. The daily hire will equal the offered daily rate multiplied by the number of days in the applicable period. The price offered by the offeror in Part I, box 75 for the Government’s Option to Purchase this Time Chartered Vessel and reimbursable costs such as fuel and port charges will not be evaluated.

The option price to include the FAR 52.217-8 six month period will be included in the total evaluated price, and will be reviewed for price reasonableness.

Price analysis techniques will be used to determine price reasonableness. Adequate price competition is expected. Materially unbalanced offers will not be considered for award.

(End of Summary of Changes)