18R3271_RFP_-_CORRECTED_RFP_NUMBER.pdf

CORRECTED RFP NUMBER

18 June 2018

This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office

MARKET SURVEYS, RFPS, AMENDMENTS AND CONTRACT AWARDS WILL BE

POSTED TO THE FEDBIZOPPS WEBSITE (ONLY) UNTIL FUTHER NOTICE.

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST

Subj: RFP N32205-18-R-3271

Ref: (a) SF 1449

(b) MSC TANKTIME 2013 Rev 1 (10-13)

This acquisition is being conducted under FAR 13.5 Simplified Procedures for Certain Commercial

Items

MSC Strategic Sealift Program Support Office, Code N04103B, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference

(available on the MSC web site at http://www.msc.navy.mil, under “Contracts,” then “Proforma,” or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

Note: EACH OWNER/OFFEROR SHALL SUBMIT ONLY ONE VESSEL. SUBSTITUTIONS

FOR VESSELS WILL BE ALLOWED UP UNTIL SUBMISSION OF FINAL PROPOSALS IF

COMMUNICATIONS ARE HELD AND FINAL PROPOSALS ARE REQUESTED (SEE

TANKTIME PART X(g)).

http://www.fbo.gov/ http://www.msc.navy.mil/

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-18-R-3271

6. Solicitation Issue Date: 18 June 2018

7. For Solicitation Information: Michelle James; michelle.james1@navy.mil

757-443-3870

8. Offer Due Date: 21 June 2018, at 0900 Eastern Time

9. Issued By: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP 64, Naval Station

Norfolk, Norfolk, VA 23511-2419 (Code: N32205)

10. This Acquisition is: UNRESTRICTED; NAICS CODE: 483111

14. Method of Solicitation: RFP

18a. Payment will be made by: SEE Part VIII (6) WAWF Submit electronic invoices IAW

WAWF contract clause, MSC Worldwide DC ANY (MAY 2013).

18b. Submit invoices to: SEE Part VIII (7) MSC WIDE AREA WORKFLOW (WAWF)

INSTRUCTIONS (AUG 2012)

27a. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 Alt I, and

52.212-5 are attached.

PART I - TANKTIME BOXES:

1. VESSEL(S) REQUIRED:

a) One clean, approved, U.S. or foreign flagged, double hull tanker with an Inert Gas System

(IGS) and Segregated Ballast Tanks (SBTs) that is capable of carrying a minimum of 275,000 bbls of clean petroleum products (intentions JP8, JP5, and/or F76) within the vessel’s natural segregation in designated cargo tanks with double valve isolation and with the following minimum particulars:

b) Under the Cargo Preference Act of 1904, preference will be given to US Flag.

c) Vessel must be a party to the SIRE System and provide a current Q-88 with offer.

d) Q-88 must detail current acceptances and date of inspection. There shall be at least one SIRE inspection not more than six months prior to the commencement of the laydays under this charter; offerors shall confirm that such inspection was satisfactory.

e) Vessel’s age shall be less than 20 years for the duration of the charter, vessels that will exceed 15 years during the charter period must be enrolled in their classification society’s

Condition Assessment Program (CAP) and be rated CAP 2 or better.

f) Vessel cannot exceed a maximum LOA of 210 meters.

g) Vessel cannot exceed a maximum beam of 55 meters.

h) Vessel cannot exceed a maximum manifold height of 15.6 meters.

mailto:michelle.james1@navy.mil

i) Vessel cannot exceed a maximum DWT 45,000 MT (re-measuring DWT is permitted all cost associated with re-measuring are for the owner’s account only and must be conducted prior to the start of laydays).

j) Vessel must be capable of maintaining a minimum Speed of Advance (SOA) of 13 knots while fully laden.

k) Vessel must have SBTs.

l) Vessel must have an IGS.

m) Owner must provide a copy of vessel’s current Class Society issued Safety Management

Certificate.

n) Owner must provide a copy of vessel’s current Flag State issued International Ship Security

Certificate.

o) Owner must provide a vessel stowage plan demonstrating the vessel’s ability to load a minimum of 200,000 bbls of F76 and 75 bbls JP5 while not exceeding a laden draft of 12.0 meters.

p) Owner must provide a vessel stowage plan demonstrating the vessel’s ability to load a minimum of 40,000 bbls of F76 and 75 bbls JP5 while not exceeding a laden draft of 10.7 meters.

q) Owner must provide vessel itinerary from offer to arrival laydays at load port ready for tank inspection.

r) Cargo tanks for this product will be physically inspected for suitability prior to loading.

Government tank inspection procedures require all cargo tanks, ballast tanks, slop tanks or void spaces adjacent to the tanks to be loaded with DOD cargo to be clean and certified as gas free by a qualified Marine Chemist for the tank inspection.

s) The Augusta Bay Harbormaster has specifically appointed two marine chemists to certify cargo tanks safe for entry. The Harbormaster requires the issue of a certificate of "safe for men" by one of the two appointed marine chemists before any person may enter vessel cargo tanks. The appointed marine chemists perform inspections from the deck level only and will not enter the tanks. To meet contractual requirements, owners must confirm they will provide a second independent marine chemist for tank entry and full four corner entry inspections for owner's account.

t) Owner must confirm vessel will arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by Quality Assurance Representative (QAR). Ensure any adjacent tanks are also clean and gas free. Contractor shall provide (Owner's account) a Certified

Marine Chemist to certify tanks safe for entry for internal tank inspection by Government and/or Charterer representative. Certified marine chemist must enter all cargo tanks in advance of the QAR and perform a full four corner entry inspection. Certified marine chemist’s inspection must include all tank pockets identified by the QAR to the satisfaction of the QAR. If a prior (last and next to last) cargo contained a percentage of benzene, owner’s certified marine chemist must arrive equipped with benzene detection tubes to measure toxicity for benzene content. All safe for entry / toxicity / flammability assessments will be performed in the presence of the inspecting QAR. Contractor will provide time needed to re-inert after inspection.

u) Owner must provide, if vessel cargo tanks have heating coils, coil type or composition (such as stainless steel, copper, etc.).

v) If vessel cargo tanks have heating coils, owner must provide the date heating coils were last pressure tested and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this charter. Vessel tanks with copper or yellow metal compounds are normally not acceptable for Jet Fuel cargoes.

w) Owner must provide, if vessel cargo tanks are internally coated, provide the coating type

(epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. If tanks are not coated then state “none”. Coatings that are incompatible with the fuel to be carried will be rejected.

x) Owner must provide copies of Certificates of Quality for vessel’s last three cargoes. These

Certificates should contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality should contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of

“typical” are not acceptable. Additionally the following are required for the specific products mentioned:

1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or

“mass percent”, or Doctor Test (ASTMD 4952). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.

2. Gasoline (Motor or Aviation): It must be stated whether the previous product was

“leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

y) Owner must confirm if the last three cargoes carried were FAME (Fatty Acid Methyl Esters) free. If tanks did contain FAME owners must provide a statement stating the vessel cargo tanks were cleaned and conditioned in accordance with the guidance in Energy Institute

HM50.

z) Owner must confirm vessel must be able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.

aa) Owner agrees where cargo is carried after contract award and prior to delivery to provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility.

Any rejection of the Certificates of Quality by the Government shall result in the Government cancelling this contract at no cost to the Government.

bb) Vessel must meet all MSC requirements for reporting. Vessel shall provide position/status reports in-port and at-sea every six (6) hours daily at 0000, 0600, 1200, and 1800 hours local

Washington, DC time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hrs. pre-arrival notifications for all ports to Area Command and COMSC TANKER PROJECT OFFICE.

Reports shall be sent to the following email addresses:

1. SLECARGO@EU.NAVY.MIL

2. SDO.SEALOGEUR@EU.NAVY.MIL

3. MSCHQ.BWC.FCT@NAVY.MIL

4. COMSC.TANKERS@NAVY.MIL

5. DESC-BIT@DLA.MIL

cc) Vessel will be required submit a MONTHLY VOYAGE ABSTRACT form on a monthly basis and emailed to COMSC.TANKERS@NAVY.MIL no later than the 1st day of the month following the month of performance. For time charters that complete prior to the end of the month, the report must be received no later than two calendar days after completion of charter (off-hire). Entries must start with the date the ship presents NOR and is accepted on hire. All columns must be completed as noted. Pull down menus for columns C, X and Y are the only comments to be use. Built in macros/formulas are not to be altered.

dd) Confirm that owners agree to all other terms and conditions as per TANKTIME 10/13.

Counters to TANKTIME 10/13 terms are not acceptable until written confirmation is provided by the charterer.

2. PLACE/RANGE OF DELIVERY:

Mediterranean Sea, Range and Port in CHOP (Intentions St. Theodore, Greece)

3. PLACE/RANGE OF REDELIVERY:

Mediterranean Sea, Range and Port in CHOP (Intentions Souda Bay, Greece or Augusta, Italy)

4. CHARTER PERIOD:

About 10 days

5. LAYDAYS:

Commencing: 27 June 2018

Cancelling: 29 June 2018

6. TERMS/CONDITIONS/ATTACHMENTS ADDED, DELETED OR MODIFIED:

ADD: Request offerors identify those ports in which they have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

ADD: Owner agrees as a condition of this contract that the vessel will not proceed to Gibraltar for mailto:COMSC.TANKERS@NAVY.MIL any purpose for its next port call after departing a Spanish port, even if the vessel is off-hire or if the charter has concluded and the ship was redelivered to the owner in Spain. Owner also agrees as a condition of this contract that the vessel will not proceed to Spain for any purpose for its next port call after departing Gibraltar, even if the vessel is off-hire or if the charter has concluded and the ship was redelivered to the owner in Gibraltar.

Part I, Boxes 14-16 – revised in their entirety to read as follows:

FOS

Base: 10 days $

AMEND PART IV(g) (4) – Add the following to the end of the paragraph: “All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the Owner provides written notice of the same to the Contracting Officer.”

DELETE PART IV(an) CREW LIST.

Full text of clauses may be accessed electronically through this/these address(es):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acquisition.gov/far/current/html/52_212_213.html

DELETE PART VI in its entirety and REPLACE with FAR 52.212-5 Contract Terms and Conditions

Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acquisition.gov/far/current/html/52_212_213.html

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July

2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV

2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C.

632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

XX (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July

2013) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

XX (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

XX (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(Contracting Officer check as appropriate.)

XX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price

Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014)

(41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42

U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

ADD PART VIII(b): FAR 52.217-9 Option to extend the term of the contract (MAR 2000) – NOT

CHECKED

ADD PART VIII(b)(1): FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) (JUL

2014) – CHECKED

AMEND PART VIII(b)(2): FAR 52.232-18 Availability of Funds (APR 1984) – CHECKED

ADD PART VIII(b)(3): FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) –

ADD PART VIII(b)(4): FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Dec 2013) – CHECKED

AMEND PART VIII (b)(12): TO READ: DFARS 252.215-7008 Only One Offer (OCT 2013) –

AMEND PART VIII (b)(13): TO READ: DFARS 252.223-7002 Safety Precautions For

Ammunition And Explosives (MAY 1994) – NOT CHECKED

ADD PART VIII(b) DFARS 252.203-7996 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) (OCT 2015) –

ADD PART VIII (b): DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical

Information (NOV 2013) – CHECKED

ADD PART VIII(b): DFARS 252.222-7007, Representation Regarding Combating Trafficking In

Persons (JAN 2015) – CHECKED

ADD PART VIII(b): DFARS 252.223-7003 Change In Place Of Performance – Ammunition And

Explosives (DEC 1991) – NOT CHECKED

ADD PART VIII(b): DFARS 252.225-7993 DFARS Prohibition on Providing Funds to the Enemy

(Deviation 2015-O0016) (SEP 2015) – CHECKED

ADD PART VIII(b): DFARS 252.225-7981 Additional Access to Contractor and Subcontractor

Records (Other than USCENTCOM) (Deviation 2015-O0016) (SEP 2015) – CHECKED

PART IX ATTACHMENTS – TANKER TIME CHARTER

(e) TANKTIME Fuel Consumption Template

AMEND PART X TO READ: FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jan

2017)

DELETE PART X (b)(10) in its entirety.

AMEND X(c) TO READ: “Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the

Government makes award under this solicitation. The forgoing does not preclude an offeror from withdrawing its offer prior to award.”

AMEND PART X(n) first sentence in paragraph to read: This procurement is a FAR Part 12 acquisition being conducted under FAR 13.5 Simplified Procedures for Certain Commercial Items.

AMEND PART XI(a) first sentence in paragraph (a) to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror

(See Note (1) below) whose technically acceptable proposal represents the lowest price to the

Government.

NOTE (1): It is emphasized that as an integral part of the award selection a responsibility determination of the offeror will be made in accordance with FAR Part 9.104. Within this determination, the Government will only consider an offeror responsible if it presents a viable, continued capacity to fully provide the contracted services in accordance with the charter, regardless of operating conditions (e.g., conflict or contingency operations). This will be determined using the factors shown in FAR Part 9.104, to include: 1) experience, 2) operational controls, 3) technical skills, and 4) ability to comply with required delivery schedule.

AMEND PART XI(b): Add the following: In compliance with Cargo Preference, the Contracting

Officer may elect to only evaluate U.S. flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

AMEND PART XI(b) to read as follows: In selecting the lowest price, technically acceptable offer, the following factors will be considered:

Technical

Price

AMEND PART XI(d)a: Delete in its entirety.

AMEND: XI(e) with the following:

- A (89.) (Number of Days Underway Laden): 2

- B (90.) (Number of Days Underway Ballast): 0

- C (92a.) (Number of Days Inport Idle): 6

- D (92b.) (Number of Days Inport Discharging): 2

TOTAL 10 DAYS

FY2018 DLA FUEL PRICES:

(1) MGO/MDO per metric ton $ 901.74

(2) IFO-180 per metric ton $ 570.11

(3) IFO-380 per metric ton $ 565.04

AMEND: XI(e), TANKTIME Box 92a to read as follows: “(number of) days in port idle/loading

(TANKTIME Box 92a)”.

PART XII: AMEND TO READ: FAR 52.212-3 Offeror Representations and Certifications –

Commercial Items, (Nov 2017) Alternate 1 (Oct 2014)

B. INSTRUCTIONS TO OFFERORS

Offerors shall use the guidelines set forth in Part X for submission of offer; however, at a minimum, offers must contain the following:

Information pursuant to Reference (b), MSC TANKTIME 2013 Rev 1 (10-13) TANKTIME

BOXES pages I-1 through I-7, as applicable.

Proposals must be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version.

Proposals must contain either a verifiable electronic signature (e.g. PKI enable certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's agent.

Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. 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.

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.

Completed FAR 52.212-3 and Alternate 1 Representations and Certifications (Nov 2017).

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

Completed FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent

Tax Liability or a Felony Conviction Under any Federal Law (Feb 2016).

Offeror’s signature.

Acknowledgement of all terms and conditions of the RFP and MSC TANKTIME

PROFORMA 2013 Rev 1 (10-13).

Owner’s full style email address and point of contact to be used in conjunction with the

Government’s web-based post-contract performance information system, Contractor

Performance Assessment Reporting System (CPARS). Instructions to be provided post-award.

Charter hire rate and an explanation of any bonuses proposed.

Completed fuel consumption spread sheet (in metric tons).

Signature of offeror or authorized agent.

Name, address, and telephone number of offeror.

Information pursuant to Part I boxes, Parts XII, XIII Representations, and Certifications

Evidence of International Safety Management (ISM) and International Shipboard Port

Security (ISPS) compliance.

INMARSAT #

Call Sign

IMO#

Vessel year

Vessel flag

Proposed laydays

Note: Failure to submit all required information as requested could result in your offer not being considered for award.

SIGNED: KENNETH ALLEN, CONTRACTING OFFICER, MSC, N04103B