N32205-17-R-3510-0004.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

See extended description.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 22-Dec-2016

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-3510

X 9B. DATED (SEE ITEM 11)

18-Nov-2016

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 is extended, X 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

22-Dec-2016

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET BLDG T-26

NORFOLK VA 23511

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-3510

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0004

The purpose of this amendment is to make the following changes to the subject solicitation:

1) Part III entitled ‘DRY CARGO (TIME) TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-4) , paragraph (q) has been revised.

2) Part X entitled ‘ INSTRUCTIONS TO OFFERORS’ has been revised as follows:

a. Paragraph (13) has been incorporated under section (a)(1)(b) and reads as follows: “A Completed

DD-254. The performance of this contract requires that the offeror have and maintain a SECRET facility clearance. Offeror shall submit in its proposal evidence that it has an active SECRET facility clearance in the Joint Personnel Adjudication System (JPAS). Offerors that do not have a secret facility clearance at the time of proposal submission deadline will be found noncompliant with the RFP's requirements, and noncompliant proposals will not be further evaluated or considered for award.”.

3) Questions and Answers received to-date have been posted as part of this amendment.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PART III

PART III. DRY CARGO (TIME) TERMS AND CONDITIONS (Addendum to FAR 52.212-4)

(a) CHARTER HIRE

(1) Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 13 – 15D and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), penalty time, bonuses, payments, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service and including the carriage of ammunition and hazardous cargoes. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at IV(p) (Fuel) and IV(n) (Port Charges and Expenses) below, respectively, and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in III(g) (Loading and Discharging) below.

(2) Loss of Vessel. Should the Vessel be either lost or missing and presumed lost, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Vessel’s last received communication. Similarly, should the

Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the casualty resulting in the constructive loss. The Vessel shall be considered missing and presumed lost when, after a reasonable lapse of time, it fails to reach its next scheduled port and reasonable efforts to contact it fail.

(b) MISSION

The Vessel may be employed in worldwide trade for the following: transportation and/or prepositioning of cargo (including but not limited to hazardous cargoes, explosives, ammunition, vehicular, containerized, and general cargoes) and military readiness, in accordance with the terms of this Charter.

(c) REPORTING REQUIREMENTS

Charterer’s Instructions. The Charterer shall furnish the Master with all requisite instructions and sailing directions in writing, including COMSC Instruction 3121.9 (series), "Standard Operating Manual." The Master shall exercise due diligence to observe all such orders and instructions of the Charterer with respect to the Charterer's employment of the Vessel's services. Reports required of the Vessel include, without limitation, the following:

• Movement and Position reports (see COMSCINST 3121.9 (series), section 2-5);

• Pre-arrival reports (see COMSCINST 3121.9 (series), section 2-7);

• Casualty reports (see COMSCINST 3121.9 (series), section 4-4);

• Dry-cargo reports (see COMSCINST 3121.9 (series), section B-2-3-5); and

• Defense Readiness Reporting System-Navy (DRRS-N) (see COMSCNOTE 3501)

• Frequency of submission: every thirty (30) days after initial assessment

• Within 24 hours of any equipment failure affecting Ship ops or mission capability

MSC Area Commands and MSCDC may require additions or deletions to the addressees on the Position Reports and may also require additional reporting requirements.

These reports must include the Vessel’s Speed of Advance and the ETA to the next port.

(d) CREW

(1) Conduct of Master, Officers, and Crew. The Master, Officers, and crew shall be appointed or hired by the

Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the Charterer’s direction with regard to the employment of the Vessel, but shall not be under the Charterer's orders with regard to the navigation, care, and custody of the Vessel. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, upon receiving the particulars of the complaint, investigate the matter and, if necessary, make a change in personnel.

(2) Qualifications. The Master, Officers, and crew shall be U.S. citizens, shall be conversant in English, and shall be in possession of valid and current certificates, licenses, and documents.

(3) Identification Cards. In the event Government identification cards are issued to Master, Officers and crew, the Contractor shall be responsible for tracking and, upon redelivery of the Vessel, returning all cards.

(4) OCONUS Contractor Conduct. Upon award of this Contract, the Contractor shall immediately notify all contractor personnel, who are or who will be employed by, or who are or who will be accompanying, United States Naval Forces outside the continental United States (OCONUS), and who are not a host country national ordinarily resident in the host country, that such personnel, and any dependents residing with such personnel, who engage in conduct OCONUS that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the

United States, may potentially be subject to the criminal jurisdiction of the United States as required by the Military Extraterritorial Jurisdiction Act of 2000, Pub. L. 106-523, 114 Stat. 2488, codified at 18 U.S.C. 3261

– 3267, as implemented by DoD Instruction 5525.11, “Criminal Jurisdiction over Civilians Employed by or accompanying the Armed Forces outside the United States.” Reference is made to Secretary of Defense memo dated 10 March 2008; "UCMJ jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations."

(e) MARAD CONSTRUCTION DIFFERENTIAL SUBSIDY (CDS)

The Contractor, if operating a Vessel or Vessels built with Construction Differential Subsidy (CDS) unequivocally agrees that there will be no increase in contract price due to any liability to repay CDS which such Contractor may incur.

(f) CARGO RECEIPT

(1) Manifest/Bill of Lading. The Charterer or consignor of the cargo shall prepare a manifest and/or bill of lading, which shall list the cargo loaded on the Vessel. The Master shall sign said cargo receipt(s) in acknowledgment of the receipt of cargo said to have been loaded by the Charterer or the consignor of the cargo, without responsibility as to quantities, mixture, mark, number of packages, weights, etc., or the apparent condition of the cargo, it being understood that it is the Charterer's or the consignor's responsibility to tally the cargo and to check the condition thereof upon loading and discharging. The Contractor shall provide a copy of the signed manifest(s) upon request by the Government.

(2) Charter Paramount. Any receipt signed by or on behalf of the Master or Agent shall be without prejudice to the terms, conditions, and exceptions of this Charter and subject to all of them. The terms of this Charter Party shall apply to any shipment made by the Government whether or not bills of lading are issued.

(g) LOADING AND DISCHARGING

(1) General. The whole reach and burthen of the Vessel shall be at the disposal of the Charterer, reserving only proper and sufficient space for Vessel's Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate all of the Vessel's cargo handling equipment simultaneously. The Vessel shall work night and day, if required by the Charterer. The Charterer shall have the use of any special gear or fittings actually aboard the Vessel, although said gear or fittings are not required by this Charter. Any material required for securing cargo is to be furnished by the Charterer and for its account, but the Charterer may have the free use of any lashings aboard the Vessel. The Charterer will be responsible for the replacement of lashing gear damaged by the Charterer or its servants. Such replacement shall be as original or equivalent.

(2) Cargo Quantity Limitation. In no case shall the cargo exceed what the Vessel can reasonably stow and carry, in the judgment of the Master, over and above the space and burthen necessary for Vessel's Officers and crew, her cabin, tackle, apparel, furniture, provisions, fresh water, stores, necessary ballast and fuel.

(3) Detention or Standby. If by reason of the Owner's failure to use diligence to keep the Vessel in a thoroughly efficient state of hull, machinery, equipment, personnel, and other particulars relating to the seaworthiness of the Vessel, the Charterer incurs cost of stevedoring detention or standby time in connection with the loading or discharging of cargo, such costs shall be for the account of the Owner.

(4) Charterer's Responsibility. The Charterer shall load, stow, trim, secure, and discharge the cargo, all in compliance with applicable laws and regulations and the permit/waiver requirements thereunder;

notwithstanding, however, that the Master shall supervise and be responsible for such actions as they concern the seaworthiness and stability of the Vessel. Owner agrees to accept any stevedores that may be designated by charterer. Upon request of the Charterer, the Owner shall arrange for stevedoring services at ports visited under this Charter, with reimbursement for all necessary and reasonable agency fees, all reasonable costs of loading and/or discharging, and port charges in accordance with IV(n) (Port Charges and Expenses) below, II(i) (Payment) above, and IV(y) (Reimbursable Supplies and Services (Charters)) below.

(5) Expenses. The Charterer shall pay all expenses directly connected with the loading and discharging of the cargo including stevedoring, wharfage, clerking and tallying, winchmen, heavy lifts, dumping, stowing, securing, lashing, sheathing, dunnaging, and trimming, and removal of strongbacks with shore equipment where the use of shore equipment is not necessitated by a structural or mechanical defect in the Vessel unless that defect is caused by the fault or negligence of the Charterer. Unless otherwise provided herein, the Charterer shall provide necessary dunnage and shifting boards, also any extra fittings or materials requisite for a special trade or unusual cargoes, but the Owner shall allow the Charterer the use of any dunnage, shifting boards and other fittings or materials already onboard the Vessel. The Charterer shall have the privilege of using shifting boards for dunnage, but if the Vessel's shifting boards are used as dunnage, the Charterer shall make good any damage to or shortage of such shifting boards on redelivery of the Vessel. If the Charterer elects or is required by the Owner to remove dunnage and fittings placed onboard by the Charterer, the cost of removal and discharge shall be borne by the Charterer. The Charterer shall have free use of any lashing gear, dunnaging, shifting boards, and fittings aboard the Vessel.

(6) Lighterage. Lighterage, if any, will be at the risk and expense of the Charterer, except as otherwise provided herein. Vessel shall have adequate fendering for alongside operations and be able to lighter (skin to skin) from another Vessel. Fenders shall be foam or similar material (not pneumatic or gas), and be deployable/retrievable by Vessel’s crew. Fenders shall be adequate to handle alongside cargo operations with coasters (small capacity container ships), lighterage, watercraft, or high speed Vessels. Contractor shall arrange oil spill protection and cleanup.

(7) Stevedore Damage. The Charterer shall not be liable for any vessel damage caused by stevedores whatsoever.

(h) RESERVED

(i) SAFETY IN LOADING AND DISCHARGING CARGO

Attention of the Owner is directed to the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., as amended, and to the standards promulgated there under by the Secretary of Labor.

(j) DECK CARGO

Should deck cargo be carried, it shall be carried at the Charterer's risk, excepting cargo shipped in containers.

(k) CLEANING

(1) Delivery. Upon delivery in accordance with IV(b) (Delivery) below, all holds, containers, and spaces designated for cargo carriage shall be cleaned and ready to receive lawful cargo.

(2) Redelivery. Upon redelivery of the Vessel in accordance with IV(c) (Redelivery) below, the holds and spaces of the Vessel (and those deep tanks the last use of which was made by the Charterer) shall be swept clean by the Charterer with refuse removed, unless during the period of this Charter the Vessel has carried in these spaces cargo with respect to which custom requires more complete cleaning, in which case the Charterer shall give such spaces the required cleaning.

(l) SHIP PHYSICAL SECURITY EQUIPMENT

(1) Small arms and ammunition. The Government will provide the Vessel with small arms, a Class 5 gun safe, armory and magazine located in or next to the Master’s stateroom or in the Vessel’s armory or magazine for use by the Ship’s crew to provide Force Protection (FP) within the life lines of the Vessel. The Master shall be responsible for the custody of all small arms and shall maintain custodial control and accountability, by serial number. Small arms shall only be utilized onboard the Vessel to protect MSC assets and crew. The Master is authorized to issue small arms to crewmembers that are trained in their use.

See OPNAVINST 5530.13 (series), COMSCINST 5530.3 (series). An annual inventory of small arms is required to be submitted to Naval Surface Warfare Center Crane, IN.

(2) Prohibition of privately owned weapons and ammunition. Privately owned weapons and ammunition are prohibited on MSC force ships with the exception of a handgun customarily provided to the Master by the Contractor.

(3) Small arms and ammunition issuance to Embarked Force Protection personnel. Master is authorized to sub-custody small arms and ammunition to the Officer In Charge (OIC) of the embarked Force Protection (FP) Detachment for use as required. The OIC FP Detachment will be responsible for ammunition and weapons in their custody and will provide a signed report of survey for any weapons shortages or damages while in the detachment’s sub-custody in accordance with OPNAVINST 5530.13 (series) and COMSCINST 5530.3 (series). The OIC will provide the signed report of survey to the Master at the time small arms custody is returned to the Ship’s Master for all assigned OIC Force Protection Equipment. The Ship Master will notify the Ordnance Accounting Ashore (OAA) via email of any ammo that is missing or has been expended. Upon departure of the FP Detachment the OIC will transfer custody of weapons and ammunition back to the Master. The Master shall obtain a full report (including type of weapon, serial number, ammunition, quantity, and survey reports as required) from the OIC of the FP Detachment prior to the OIC’s departing the Ship.

(4) Ammunition allowance. Ammunition will be provided in accordance with the Ship's classified SHIPFILL allowance listing. Ammunition allowance quantities will be consistent with type and quantity of weapons on board. No ammunition shall be expended for training unless authorized and directed by MSC N34.

Ammunition requisitioning and transaction reporting are to be done in accordance with MSC Ordnance Accounting Ashore Handbook. OAA will be responsible for all Ammunition Accounting Reporting, and Periodic Lot Reporting (PLRs). Ship’s Master is responsible for receiving ammo and notifying OAA via email (OAAmsc.ftc@navy.mil) or phone (per phone numbers in the OAA Handbook) of all ammo transactions. OAA procedures will be in accordance with COMSCINST 4000.2B Chapter 5.

(5) Security and stowage. The Contractor shall maintain high security stowage of the weapons and ammunition in accordance with OPNAVINST 5530.13 (series), NAVSEA OP4 (series) and COMSCINST

5530.3 (series).

(m) SHIPBOARD SECURITY SYSTEM (SSS) REQUIREMENTS

See Attachment-J.

(n) ANTI-TERRORISM/FORCE PROTECTION (AT/FP), CHEMICAL, BIOLOGICAL, RADIOLOGICAL DEFENSE (CBRD) AND TRAININGREQUIREMENTS

See Attachment-H

(o) CBR-D AND FP REQUIREMENTS.

(1) CBR-D Requirements.

a. General. All FP and CBR-D material is centrally managed by Military Sealift Command in the Consolidated Support Facility. All CBR-D and FP gear will be provided by the Government. At no time should the Contractor procure an off the shelf commercial CBR-D or FP equipment unless otherwise directed by the Charterer. The contractor shall contact PM3 Logistics to request replacement of FP and CBR-D items that have been expended, damaged or have exceeded their shelf life or require calibration. The request must include the shipping address and the point of contact name and phone number. The Master will submit a FP and CBR-D complete inventory in the format designated by MSC of all FP and CBR-D equipment required by the AEL in accordance with the required reports, records and log (CDRLS) section of this Contract.

Upon receipt of all FP and CBR-D material the ship will sign and date the receipt document, annotate material received and fax a copy to the shipper (MSC CSF) within ten (10) days of material receipt.

b. CBR-D equipment and training. The Contractor shall adhere to MSC's standard provisions concerning CBR-D found in parts III (o) through(r). The Contractor will assign a licensed deck officer as CBR-DO who shall perform the duties as described below and in accordance with COMSCINST 5530.3 (series). The Contractor shall train crewmembers as specified in part III (n) and (o). The Contractor will reconfigure a space as necessary to function as a DECON station as specified in Part III (p). Any transfer or disposal of CBR-D equipment will be reported to the cognizant MSC Area Commander and Squadron Commander in accordance with FAR clause 52.245-1, entitled ‘Government Property’.

c. The Vessel will be fitted with a CMWWDS consisting of clips and brackets for attaching standard fire hose nozzles at each weather deck fire station. The clips and brackets shall be as specified by COMSCINST 3541.5 series, Part 1, Appendix C “CBR-D policy” (MA Plan no. S89-5-1 or a functional equivalent if modern vari-nozzles or others are onboard. The clips should be positioned to provide the greatest spray coverage for lifeboats, weather decks, housetops, and bulkhead areas.

Structures accommodating personnel shall receive priority coverage. A list of any areas receiving minimal or no spray coverage shall be posted in damage control central. System will be capable of being activated from the interior of the Vessel. After installation, the CMWWDS shall be activated at least once quarterly to ensure operational reliability. The cost of this system is for the Contractor’s account and is not reimbursable.

(2) CBR-DO duties. The CBR-DO will perform the following duties:

• Ensure all CBR-D equipment is properly stored and maintained at authorized levels in accordance with

COMSCINST 5530.3 (series).

• Ensure all CBR-D equipment is inspected at least quarterly, with results of inventory entered into the deck log.

• Replace and/or update deficient, missing or out-of-date equipment; submit radiac meters for calibration when due.

• Advise the Master on procedures required as outlined in COMSCINST 3541.5 (series) (Damage

Control Manual).

• Provide MSC PM3l with annual CBR-D inventory.

(3) CBR-DO training: the vessel’s CBR-DO shall be trained as specified in parts (n) through (o).

(4) Government tests and inspections. The Government has the right to periodically inspect the Vessel's CBR- D equipment, the CBR-DO’s qualifications and crew members' training records, and test the operability of installed CBR-D systems. A report of the inspection will be provided to the Master, cognizant MSC Area commander and Squadron Commander.

(p) SPECIFICATIONS FOR CHEMICAL, BIOLOGICAL AND RADIOLOGICAL DEFENSE

(CBR-D) DECONTAMINATION STATION

See Attachment-I.

(q) PERSONNEL AND FACILITY SECURITY CLEARANCES

Facility and Personnel Security Clearance. The Owner shall comply with all administrative requirements, including the necessary investigative actions required by the Government to obtain a Government Facility clearance.

Attachment D contains additional information regarding obtaining and maintaining facility and personnel clearances. Further, corporate officers as well as the Vessel's Master, Chief Mate, Chief Engineer, and at a minimum, one (1) additional officer (deck or engineering) shall be cleared to receive classified information up to and including SECRET. A facility clearance (FCL) and appropriate personnel clearances are required at time of offering and throughout the performance of the contract. It is the Owner's responsibility to maintain its FCL throughout the contract; if the Owner is unable to do so, for whatever reason, the contract may be terminated for default.

(r) SECURITY CLEARANCE AND COMMON ACCESS CARDS (CAC)

Common Access Cards.

(1) Common Access Card (CAC). The Common Access Card is Government Furnished Property.

The Contractor shall ensure that the Master and one additional ship officer is issued a CAC (“CAC holders”). The CAC shall not be used for any unauthorized purpose. Fees associated with obtaining CACs are for the Contractor’s account.

(2) Authorized Personnel. CACs are to be issued only through the auspices of the Trusted Agent to

U.S. Citizens, U.S. Permanent Resident Aliens or such other individuals as may be authorized by Commander Military Sealift Command (COMSC).

(3) National Agency Check with Inquiries (NACI). To be eligible for a CAC, contract mariners and contractor personnel shall, at a minimum, have completed an FBI fingerprint check with favorable results and have initiated a NACI conducted by the Office of Personnel Management (OPM), or a DoD determined equivalent investigation.

(i) An individual holding a valid SECRET clearance or higher shall not require an additional NACI.

(ii) The Contractor shall immediately inform the Contracting Officer in writing if a contractor employee is given an adjudication of "Access Suspended", "Interim Declination", "Loss of Jurisdiction", "No Determination Made", or has their clearance eligibility otherwise withdrawn, denied, or revoked.

(4) Reserved

(5) Reserved

(6) Tracking and Disposition. The Contractor shall be responsible for the control of CAC issued to its mariners and personnel under MSC contract. In order to ensure positive control of CACs, the Contractor shall surrender to the Trusted Agent all CACs issued in the performance of this contract upon: 1) Termination of the contract; 2) Redelivery of a vessel; 3) If a CAC holder will not be returning to any ship operated by the Contract Operator, or 4) As directed by the issuing authority, the Trusted Agent, or the Contracting Officer.

(7) Reserved.

(8) CAC Reporting. A report shall be made to the Contracting Officer within 24 hours of discovering any CAC is lost, stolen, or destroyed. The Contracting Officer will then generate a report to 1) the Trusted Agent for cancellation of the card, 2) to the local U.S. Military Security Office, and 3) to the appropriate MSC Squadron Commander.

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. (Tailored) 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;

(1) “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 and P included in the Price Proposal.

(11) Previous Voyage Itineraries. (Tailored) Offerors shall provide a previous voyage itinerary for each proposed vessel. The itinerary shall include every port visit for the period 7 June 2012 to the date of the offer. The previous voyage itinerary shall provide all ports, dates, and reason for visit for the proposed vessel. For repair or maintenance periods, include a brief description of the work conducted; Reference Part IV - Time Charter Common Terms and Conditions for the definition of Maintenance.

(12) Past Performance Information: (Tailored)

(13) A Completed DD-254. The performance of this contract requires that the offeror have and maintain a SECRET facility clearance. Offeror shall submit in its proposal evidence that it has an active SECRET facility clearance in the Joint Personnel Adjudication System (JPAS). Offerors that do not have a secret facility clearance at the time of proposal submission deadline will be found noncompliant with the RFP's requirements, and noncompliant proposals will not be further evaluated or considered for award.”.

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(A)), the offeror is requested to provide a Past Performance Questionnaire (Attachment IX(B)) 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(B)) 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(A)).

If the solicitation is full and open: In addition, large businesses are requested to address historical compliance with the requirements of FAR 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements.) in the Performance Data Sheet (Attachment IX(A)).

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.

(13) 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.

(14) 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.

(15) 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 bryce.kemmerer@navy.mil and cathy.stangler@navy.mil.

Offers may be modified 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 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 mailto:bryce.kemmerer@navy.mil 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.

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

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

(18) (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).

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

(20) (Tailored) Set of completed boxes found at DRYTIME PROFORMA 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, of the requirements set forth in

Attachments E and O, and the DRYTIME PROFORMA

(ix) Acknowledgement of whether or not the Vessel is enrolled in VISA

(x) Acknowledgement of whether or not the Owner is a VISA participant

(xi) Per diem rate and an explanation of any bonuses proposed

(xii) Reserved

(xiii) Provide detailed diagrams of vessel deck.

(xiv) Reserved.

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

(xvi) Evidence of IMDG Certificate.

(xvii) Crew must be HAZMAT trained.

(xviii) Evidence of International Ship Security Certificate.

(xix) Evidence of the Safety Management Certificate.

(xx) Reserved.

(xxi) Reserved.

(xxii) 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.

(xxiii) Company shall have a valid International Safety Management (ISM) Document of

Compliance for the past three contiguous years.

(xxiv) Provide detailed diagrams of vessel deck.

(xxv) Provide listing of cargo handling equipment on ship (e.g. forklifts, spreader bars, etc).

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

(xxvii) Reserved.

(xxviii) Provide Ship Particulars.

(xxix) Owners must advertise load capacities of ship’s gear/cranes that will service the assigned cargo spaces (or details of arrangements made ashore for vessel discharge).

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

(c) Period for acceptance of offers. (Tailored) The offeror agrees to hold the prices in its offer firm until award.

(d) Vessel Substitution. (Tailored) No proposed substitution will be permitted by Charterer during the procurement solicitation process after the date and time for offers has passed except when such substitution is made as part of a revised offer during a period in which the solicitation is reopened or when such substitution is made as part of a final proposal revision.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST ( http://assist.daps.dla.mil ).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(iii) ASSISTdocs.com ( http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to

1600 EST; or http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch/ http://assistdocs.com/ http://assist.daps.dla.mil/wizard

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(m) Service of Protest. (Tailored) Protests, as defined in FAR 33.101, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Cathlene Jo Stangler. The mailing address is the same as that stated in Box 9, SF 1449. Interested parties may request an independent review of their protest as an alternative to consideration by the Contracting Officer or as an appeal of the Contracting Officer’s decision on their protest. See FAR 33.103. Requests for independent review shall be addressed to:

http://fedgov.dnb.com/webform https://www.acquisition.gov/

Director, Contracts & Business Management Directorate, Code N10 Military Sealift Command 471 East C Street (SP-64) Norfolk, VA 23511-2419

MSC encourages potential protestors to discuss their concerns with the Contracting Officer prior to filing a protest.