18R3406_RFP.doc

11 April 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 FURTHER NOTICE.

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj:

RFP N32205-18-R-3406

Ref:

(a) SF1449

(b) MSC SPECIALTIME 2018 MSC Strategic Sealift Program Support Office, N04103B1, requests proposals for one vessel 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 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:

DUE TO INCREASED E-MAIL SECURITY, IT MAY TAKE LONGER FOR E-MAILS TO BE RECEIVED IN THE APPROPRIATE IN-BOX, ESPECIALLY WHEN AN E-MAIL IS HOSTED IN A FOREIGN COUNTRY; SOME E-MAILS ARE DELAYED IN EXCESS OF HOURS. OFFERORS ARE ENCOURAGED TO SUBMIT OFFERS AS SOON AS POSSIBLE.

STANDARD FORM 1449 BOXES:

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-18-R-3406

6. Solicitation Issue Date: 11 April 2018

7. For Solicitation Information: Courtney Woodley or Lorrie Leedy at lorrie.leedy@navy.mil

8. Offer Due Date: 19 April 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: 488330

14. Method of Solicitation: RFP 18a. Payment will be made by: SEE PART VIII (4), WAWF Submit electronic invoices IAW WAWF contract clause, MSC Worldwide DC ANY (MAY 2013).

18b. Submit Invoices to: SEE PART VIII (5) MSC WIDE AREA WORKFLOW (WAWF)

INSTRUCTIONS (AUGUST 2012).

18c. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 Alt I and 52.212-5 are incorporated by full text.

A. I. SPECIALTIME BOXES:

1. Vessel Required:

This requirement is for one U.S. flag Tug to provide harbor support services and ship handling covering three performance periods for the region of Oahu, Hawaii, generally within the confines of Joint Base Hickam, Pearl Harbor, HI.

2. Place / Range of Delivery:

Hawaii

3. Place / Range of Redelivery:

Hawaii

4. Charter Period:

Base period approximately 1 day with two option periods of approximately 2 days each.

5. Laydays firm Period:

Commencing: 26 June 2018

Cancelling: 26 June 2018

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

Place of Performance The place of performance shall be in the geographical region of Leeward Oahu, Hawaii and the surrounding navigable waters, including from Joint Base Hickam, Pearl Harbor, HI, Papa Hotel Buoy (two miles from channel opening). Within this geographical region, the Tug may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, submarine line, or alongside any vessel, barge, lighter, submarine, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always afloat except in harbors or waters where it is customary and safe in the port to work aground.

Period of Performance

(days)

Completion

Add Charter Period. This Charter shall be for the periods designated in the above table, commencing upon the date shown or the Charterer's acceptance of the Tug, whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at Charterer's sole option. Any optional periods shall be stated in the contract; in addition, the Government shall have the Time Lost options as specified under this contract.

Delivery/Redelivery

Port

Pearl Harbor, HI

Pearl Harbor, HI

The Tug to be used for performance of this Contract shall be identified in the following table:

Minimum Tug Characteristics

70,000 LBS ALL OTHER DIRECTIONS

The Master, Officers, and entire crew shall be US citizens, speak English fluently, and possess valid and current United States Coast Guard certificates, licenses and documents. The Master, Officers, and crew of the Tug shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master of the Tug shall be under the direction of the Government as regards the employment of the Tug under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug.

Physical security equipment required to meet port security plans shall be Contractor-furnished.

All contractor employees shall wear a contractor-furnished uniform with Contractor and individual identification clearly and permanently marked. Individual employee names shall be visible on front of outer clothing. Contractor name shall be visible on the upper back of uniforms.

All contractor employees shall have in their possession photo identification at all times when working under this Charter Party Contract.

If the Charterer shall have reason to be dissatisfied with the conduct or performance of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary to alleviate the cause of the complaint, make a change in personnel.

The following list describes some of the services that may be performed as requested on the basis of a 24 hour per day readiness, including but not limited to:

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

b. Transfers of pilots and Government Personnel by vessel;

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

d. Line handling; and

e. Providing personnel (other than a riding crew) to go aboard a tow, and, Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this contract on a 24-hour per day basis.

Port Services. The Government will provide berthing and shore power at S-19 for the Tug during the contract period.

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

Daily Hire Rate Structure Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Tug and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to, 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 the nominal carriage of ammunition and hazardous cargoes. Daily Hire rate shall be considered payment in full for all overtime, including, but not limited to, crew overtime or penalty time required for the making up or breaking of tows. This Rate includes port charges and the price that the Contractor pays for fuel.

Amend Part IV (b) Delivery to read:

Laydays. The Vessel and all Associated Equipment shall be delivered to the Charterer at a port or place in accordance with Box 2 not later than 0600 hours local time at place of delivery on the cancelling date stated in Box 5, the Owner giving written notice of readiness during office hours to the appropriate Government representative at the port or place of delivery on a working day (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days). Government inspection of the Vessel shall be completed within a reasonable amount of time thereafter, not exceeding twelve hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Vessel by the Charterer but not before the commencing date stated in Box 5, unless approved in writing in advance by the Contracting Officer. The Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel or Associated Equipment not be ready in accordance with the provisions, hereof, by the canceling date stated in Box 5; said cancellation to be declared not later than twenty-four hours, after 1600 hours local time, at place of delivery on the canceling date stated in Box 5, should the Vessel not be ready by that time. This paragraph shall not limit any right of the Government under this Charter Party or any right to take any other action authorized by law.

Condition. The Vessel and all Associated Equipment shall be, insofar as due diligence can make them so, seaworthy, properly and efficiently manned and trained, equipped, supplied, and in every way suitable and adequately fitted for and in all respects ready for the service contemplated under this Charter Party. Any Associated Equipment shall, upon delivery, be as described in this Charter Party and all cargo-handling equipment shall be rigged, secured, and operable. The Owner shall exercise due diligence to maintain the Vessel and Associated Equipment in such state during the period of this Charter Party.

Amend Part IV (j) Off-Hire to Read:

General. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts, deficiency of stores; fire; breakdown of or damages to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities; average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs; inspections; dry docking for the purpose of examination or painting bottom; or deviation for the purpose of landing any ill or injured person onboard other than any passenger, supercargo, or military personnel who may be carried at the Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel; the payment of hire shall cease for all time lost until the Vessel is again ready and in a fully efficient state to resume her service from a position not less favorable to the Charterer than that at which such loss of time commenced. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again ready and in a fully efficient state to resume her service from a position not less favorable to the Charterer than that at which such loss of time commenced. When the period of time lost to the Charterer on any one occasion is less than two consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time.

Costs for Owner. The cost of fuel consumed while the Vessel is off-hire, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the Vessel is bound, shall be borne by the Owner. All fuel used by the Vessel being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Vessel and/or expenses resulting there from shall be for the Charterer's account. See paragraph IV (p) (5) infra.

Delays/Excessive Fuel Consumption. If upon any passage the Vessel (i) fails to make the warranted speed in Boxes 66 and 67 or if her warranted fuel consumption exceeds that in Boxes 68-71 and Box 73, either or both of which are due to defect in or breakdown of any part of her hull, machinery, or equipment; casualty; or inefficiency of Master, Officers, or crew or their failure to proceed with utmost dispatch, and (ii) is delayed more than two hours, providing no missions were missed during that time, the hire for the time lost and any cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice shall be for the Charterer's account

Loss of Vessel. Should a Tug be either lost or missing, or become a constructive total loss, the portion of the charter for such Tug shall terminate and hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Tug’s last received communication. If the Tug should be off hire or missing when a payment of hire would otherwise be due, such payment shall be postponed until the off-hire period ceases or the safety of the Tug is ascertained, as the case may be.

Vessel Classes Likely to be Supported

Amend Part IV (l) Time Lost to read:

Tacking to the End of Charter Period. Any time during which the Vessel is off hire under this Charter Party may be added to the charter period, at the Charterer’s sole option, declarable at least five hours prior to termination of the charter period. If the Charterer exercises its option to extend the charter period pursuant to this sub-clause, the charter period shall be deemed to include such extension and hire shall be payable at the rate(s) which would otherwise have been payable during each period of off hire.

Excessive Time Lost. The Charterer may by written notice cancel this Charter at no cost to the Government whenever, in any given 1-day period, for any reason whatsoever, more than six hours are lost except for time lost as a result of the causes set forth in IV(h)(1) (War) above. Failure to cancel this Charter after six hours are lost shall be without prejudice to any other rights of the Charterer, or any later right of the Charterer to cancel this Charter Party.

Relationship to Other Remedies. No remedy conferred by this paragraph upon the Charterer is intended to be exclusive of any other remedy already conferred by this Charter Party now or hereafter existing at law or in equity or by statute.

Amend Part IV (ac) Substitution to Read:

Substitution of Tugs is not authorized during the performance period except for a casualty that would prevent the Tug from performing the requirements fully. Substitution of the Tug is authorized, but only for good cause shown and upon proper notice to the Government and approval of the Contracting Officer. Notice of intent to substitute by the Contractor shall identify the Tug being substituted and the Tug for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute Tug suitability. If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution. Confirmation of the information given in an oral notice shall be submitted to the Contracting Officer in writing within forty-eight hours of the giving of oral notification.

a) The Contractor shall fix and deploy a substitute Tug within a period of six hours of submission of notice of substitution or within six hours of the commencement of any off-hire whichever occurs first.

b) Any Tug offered, as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the Tug for which substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the work site designated by Charterer. Any Tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Charter party.

c) Contracting Officer’s notice of acceptance or rejection of the substitute Tug shall be made within reasonable time following Owner’s nomination thereof, provided that the Contracting Officer is furnished sufficient information on which to base such a determination. Silence of the Contracting Officer shall not be construed as acceptance of any nominated Tug.

d) Notwithstanding Charterer's prior acceptance of any substitute Tug under this paragraph, Charterer may at any time reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute Tug were misrepresented by the Contractor or are otherwise unsuited to the requirements of this contract.

Call Out: Part V (e) Time Charter War Risk Coverage Add: Offerors shall 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.

Amend: Part I, Boxes 13-15 – revised in their entirety to read as follows:

FOS

Base Period: 1 day

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 Add Part IX(d) Attachments Special Time Charter US Department of of Labor Wage Determination 2010-0147, 7 US Department of of Labor Wage Determination 2014-0800, 10 US Department of of Labor Wage Determination 2014-0801, 9 Instructions To Offerors Offerors shall use the guidelines set forth in Part X(b) for submission of offers; however, at a minimum, offers must contain the following:

· 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. Note: Unsigned offers will not be considered for award.

· 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.

· Current and completed FAR 52.212-3 and Alternate I Representations and Certifications (Jan 2017).

· Current and completed FAR 52.209-7 – Information Regarding Responsibility Matters (Jul 2013).

· Current and completed FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law (Feb 2016).

· Acknowledgement of all terms and conditions of MSC SPECIALTIME 2018 and the RFP.

· 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.

· Date of offer expiration

· Daily charter hire, fuel consumption (in metric tons) and an explanation of any bonuses

· proposed.

· INMARSAT #

· Call sign

· IMO #

· Vessel year

· Vessel flag

· Information required in Part I boxes and Parts XII and XIII Representations and Certifications

· Offerors must have an active registration in the System for Award Management Registration (SAM) in order to be considered for award. To comply, provide a DUNS number with your offer. This number is required to verify registration and in order to register in SAM.

The DUNS number can be obtained by calling 1-800-333-0505. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https;//www.acquisition.gov or by calling 866-606-8220, or

334-206-7828 for international calls.

Note: Failure to submit all required information as requested could result in your offer not being considered for award. The successful offeror must provide electronic funds payment information to the office identified in Part VI.

SIGNED: LORRIE LEEDY, CONTRACTING OFFICER, MSC, N04103B1

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