18R3500_RFP_PROFORMA_2018_Rev1.docx

MILITARY SEALIFT COMMAND

SPECIAL TIME CHARTER

PREAMBLE

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

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

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

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

MSC SPECIALTIME 2018

LIST OF EFFECTIVE CHANGES

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTER

TABLE OF CONTENTS

I. SPECIAL TIME BOXES

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

VIII. ADDITIONAL FAR AND DFARS CLAUSES

Defense Information Controls

IX. ATTACHMENTS

X. INSTRUCTIONS TO OFFERORS

MSC SPECIALTIME 2018 i

MSC SPECIAL TIME

PART I – SPECIAL TIME BOXES

Vessel(s):

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E. Attachment E is hereby incorporated into the boxes for the purposes of FAR 52.212-4(as tailored) paragraph (s) ORDER OF PRECEDENCE (TAILORED).

2. Place / Range of Delivery:

Dutch Harbor (Unalaska Island), Alaska

3. Place / Range of Redelivery:

Dutch Harbor (Unalaska Island), Alaska

4. Charter Period:

One (01) year base period with three (03) one-year options and one 11-month option. Total length of this charter shall not exceed 59 months.

5. Laydays:

01 OCT 2018 – 07 NOV 2018

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

PART III (c): REPORTING REQUIREMENTS AMEND Last Sentence to read:

Sail Plans/Movement Reports/Crew Lists (OSV & SBX) - 24 hours prior to underway; Arrival Report - upon arrival SBX, Dutch Harbor and/or other port(s) as directed; Inclement Weather/Weather Divert messages - as they occur/on a not to interfere with the safety/operation of the vessel; Position Reports are required every eight (08) hours when underway, ***SBX underway position is classified SECRET – do NOT transmit actual position (LAT/LONG) by any means (e-mail, voice, data etc). All reports shall be sent to the following email addresses:

See Block 75 for continuation.

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

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

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

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

FIRST PERIOD

REDUCED OPERATIONAL STATUS RATE

13. USD per diem

14. USD per diem N/A

15. USD per diem N/A

SECOND PERIOD

REDUCED OPERATIONAL STATUS RATE

13A. USD per diem

14A. USD per diem N/A 15A. USD per diem N/A

THIRD PERIOD

REDUCED OPERATIONAL STATUS RATE

13B. USD per diem

14B. USD per diem N/A 15B. USD per diem N/A

FOURTH PERIOD

REDUCED OPERATIONAL STATUS RATE

13C. USD per diem

14C. USD per diem N/A 15C. USD per diem

FIFTH PERIOD

REDUCED OPERATIONAL STATUS RATE

13D. USD per diem

14D. USD per diem N/A 15D. USD per diem

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

17. Other Costs:

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

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

22. Place built:

23. Year built: Flag:

32. Beam (extreme)

a. (ft) b. (m)

33. Length Overall:

a. (ft) b. (m)

34. Immersion (on draft in Box 36):

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

35. Length between perpendiculars:

a. (ft) b. (m)

36. Summer mean draft:

a. (ft) b. (m)

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

a. (LT) b. (t)

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

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

39. Summer Load Line Freeboard:

a. (ft b. (m)

40. Shaft Horsepower/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

44. Classification society entered and class assigned:

49. MarAd subsidized vessel: Yes _____ No ___

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

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

52. Number of tween decks:

53. Cargo Space

a. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2underdeck, Ro/Ro Space):

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

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

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

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

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

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

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

60. Amount and location of permanent ballast carried:

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

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

62. General description of cargo spaces and special features:

GEAR

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

CASUALTIES / DEFICIENCIES

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

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

FUEL CONSUMPTION AT SERVICE SPEEDS

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

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

FUEL CONSUMPTION AT VARIABLE SPEEDS

72. Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated):

73. Grades Consumed:

75. CONTINUATION FROM BOX 6:

ADD PART IV (k): SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES (AUG 2005)

a. Charterer will support supercargo transport to the vessel for duty purposes, including technical representatives for repairs, inspection personnel and various official ship visitors.

UPDATE: PART (IV) (an) to say RESERVED

Part V(a) SECURITY CLEARANCE is hereby incorporated for this requirements and AMEND to add the following:

Contractor Facility Clearance. The Contractor shall possess a SECRET facilities clearance at time of proposal submission (See Part X and Part XI for proposal instructions and award criteria), which shall be incorporated at contract award in the required DD 254 (See Attachment D).

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 VIII(b): 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

AMEND PART VIII(b)(2): DFARS 252.204-7000 Disclosure Of Information (Oct 2016) – CHECKED

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

AMEND PART VIII(c)(3): FAR 52.217-9 Option to Extend the Term of the Contract (Sep 2005) – CHECKED

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

ADD PART VIII(b): FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) – CHECKED

DELETE PARTS IX in its entirety and REPLACE with:

PART IX. ATTACHMENTS – SPECIALTIME CHARTER

DELETE PART X. INSTRUCTIONS TO OFFERORS in its entirety and REPLACE with:

PART X. FAR 52.212-1 ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

In accordance with FAR 12.302 (Tailoring of provisions and clauses for the acquisition of commercial items) the following shall take precedence over the un-tailored paragraphs.

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. This procurement is a FAR Part 12 acquisition being conducted under FAR 15.101-2 and FAR 15.306 procedures.

c. 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 must be submitted on the SF 1449. As a minimum, offers must show --d.

(1) The solicitation number;

(2) Reserved (Tailored);

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.209-7 (XII(c)(1)); FAR 52.209-11 (XII(c)(2) and FAR 52.212-3 (XII(c)(3)) (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). (Tailored)

(9) Acknowledgment of Solicitation Amendments;

e. Proposal and proposal modifications (e.g., proposal extension) shall be submitted electronically in response to this solicitation by e-mail directly to manoushka.thompson@navy.mil, and franklin.orvin@navy.mil, or the designated E-mail addresses and inboxes for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

f. Potential Offerors requesting additional information or clarifications relating to this solicitation shall submit their request in writing by email to F. Carley Orvin at franklin.orvin@navy.mil and Manoushka Thompson at manoushka.thompson@navy.mil. Questions regarding the solicitation must be submitted no later than 1:00pm local time, 16 July 2018; otherwise questions may not be answered prior to the solicitation closing. Offerors shall provide question to this solicitation using the “Request for Clarification/Question” form provided as Attachment M to this solicitation. Each question shall be a separate form. Questions shall be submitted to the Contracting Officer and Contract Specialist identified in this solicitation. Questions submitted not using this form, or that combine more than one question per form, may not receive a response. No telephonic responses will be provided.

g. Proposals/modifications must be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version. MS Excel spreadsheets are to be submitted in MS Excel format. Proposals/modifications must contain either a verifiable electronic signature (e.g. PKI enabled 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. For electronic proposal/modifications, the only 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 and date set for receipt of offers is the receipt of the E-mail proposal, readable, in its entirety in the designated E-mail inbox by the due date and time for proposal submission. Any other timestamp or meta-data of the Offeror's sent e-mail shall not be construed as sufficient documentation of the Government's receipt of an e-mailed offer. It is the Offeror's responsibility to ensure the proposal has been received in the designated E-mail inbox by the due date and time.

h. Failure of an offer to address any items in the Performance Work Statement may make the offer unacceptable and/or may result in it not being considered for award.

i. 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.

j. A proposal shall not require extensive searching throughout the document(s) to locate and evaluate a particular item. Each offer 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 offers, and it is the offeror's responsibility to provide all documentation in each volume as required.

k. EACH OFFER SHALL BE CLEARLY LABELED, AND COMPLETE WITH THE FOLLOWING PARTS: (1) CRITICAL SUBMISSION DATA; (2) BUSINESS PROPOSAL; (3) TECHNICAL PROPOSAL; (4) PRICE PROPOSAL.

b. CRITICAL SUBMISSION DATA. Offerors shall provide the following:

1. Documentation (e.g., Industrial Security Facilities Database (ISFD), Defense Security Service (DSS letter, etc.) that Offeror has an active facilities clearance of at least a SECRET level; and,

2. Evidence that the Offeror has the right to offer the proposed vessel.

c. BUSINESS PROPOSAL. Offerors shall provide the following:

d. A proposal cover letter that includes:

a. The solicitation number, the name, address, and telephone number of the Offeror (and electronic address if available);

b. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

c. The names, titles, and telephone number (and electronic addresses if available) of person(s) authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation; and

d. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

e. Offeror shall certify that it currently owns or is the bareboat charterer of the vessel(s) or has an irrevocable, legally enforceable right (e.g., contract or option) to purchase, bareboat charter or lease the vessel(s) proposed, for the duration of any charter awarded pursuant to this solicitation (including any extension thereto). Any such right to purchase, bareboat charter or lease the vessel(s) may be contingent upon receipt of award of a contract under this solicitation. In the event the Offeror is not the owner or bareboat charterer of the vessel(s) at the time of submission of its offer, Offeror shall provide as part of its proposal the following evidence of the legally enforceable right (e.g., contract or option) to purchase, bareboat charter or lease the vessel(s) proposed:

1. Identity of current owner;

2. Current nation of registry;

3. Description and date of contract or option to purchase, bareboat charter or lease the vessel, and;

4. Name and position of signatories to such contract or option

f. Offeror shall provide documentation corroborating such certification to include, but not be limited to, copies of any contracts or agreements to purchase or lease such vessel(s).

e. Complete copy of DD Form 254, Contract Security Classification Specification, (Attachment D) with Boxes 6 and 7 filled in.

f. Completed Standard Form (SF) 1449 (pages 1 and 2 of the RFP). Failure to submit a signed SF 1449 will result in rejection of the offer.

g. SpecialTime Charter Boxes. Offeror’s proposed Daily Charter Hire prices shall be entered under Charter Boxes 13-17.

h. SCA Certification: The Offeror must certify that it will comply with the Service Contract Act and Department of Labor Wage Determination (Attachment H) in performance of this contract, should they apply.

i. Standard Form SF-LLL, “Disclosure of Lobbying Activities” (Attachment I), if applicable.

j. Corporate Viability. The Offeror shall provide the most recent audited financial information containing, at a minimum, balance sheets, cash flow statements, income statements, and combined financial statements that illustrate the company’s ability to remain a viable business concern. If an Offeror intends to utilize the financial information or assistance of another entity to meet the corporate viability requirement (loan, income statement from parent company, etc.), that Offeror must provide signed statement(s) proving that entity’s agreement with the arrangement. The Offeror must furnish evidence of adequate financial resources to perform the contract or the ability to obtain such resources. For the purpose of this section, adequate financial resources are an amount equal to the total value of forty-five (45) days of the proposed daily charter hire rate for the vessel (calculated based on the firm period FOS charter hire rate).

k. Mission-Essential Contractor Services Plan. In accordance with DFARS 252.237-7023 and 252.237-7024, all offerors shall submit a Mission-Essential Contractor Services Plan. Offerors shall submit a completed copy of Attachment J, Missions Essential Contractor Services Plan Worksheet.

l. Representations and Certifications. The Offeror must submit a complete Representations and Certifications of all applicable provisions included in the solicitation. Items that are not applicable must be marked “N/A.” If an Offeror has completed its representations and certifications online, it must so state in its proposal.

m. Evidence of Contractor Responsibility. Offerors must provide evidence to support the prospective contractor’s affirmative responsibility determination, to include a response to each of the seven (7) elements of a responsibility determination as defined in FAR 9.104-1.

n. Proof of Insurance. The Offeror shall provide proof of Protection & Indemnity War Risk, Hull & Machinery War Risk and Second Seaman’s War Risk insurance, which is required by PART IV (g) of the RFP.

o. Offeror shall provide a purchase price for the vessel.

p. TECHNICAL PROPOSAL. The Technical Proposal shall NOT contain any pricing information.

q. Offeror shall provide all necessary information and documentation to demonstrate they meet the minimum technical requirements in this solicitation. A table of contents with page numbers corresponding to the proposal’s outline format shall be provided after the title page. The technical volume shall be organized by Section as follows:

TECHNICAL PROPOSAL VOLUME ORGANIZATION:

r. Technical proposals shall follow the above outline and include the content set forth below. Each section shall be separately divided by a blank page or tab. In addition, all proposal pages and paragraphs shall be numbered. Any items not in compliance with the instructions in this solicitation will make the offer unacceptable unless the omission constitutes a minor informality the government must waive. Unacceptable offers will not be evaluated any further.

s. Offerors shall follow the instructions set forth below for submission of its technical offer.

1. Section 1: Offerors shall provide completed "Technical Offer Worksheet" showing if compliance is demonstrated in Section 2 (Part I Boxes), Section 3 (drawings, other documents), or in Section 4 (Narrative).

2. Section 2: Offerors shall provide completed Part I Boxes (not including pricing details from Boxes 13-17).

3. Section 3: Offerors shall provide Pre-award drawings, plans, and documents listed in Attachment E.

4. Section 4: Offerors shall provide a narrative addressing all relevant Attachment E requirements as identified in the Technical Offer Worksheet, except those where the offeror is relying on the Part I box section to demonstrate compliance (e.g., flag, vessel speed), and the offeror feels the box information is adequate to show compliance.

t. PRICE PROPOSAL. The Offeror’s price proposal shall contain the following:

u. SpeicalTime Charter Boxes. Offeror’s proposed Daily Charter Hire prices shall be entered under Charter Boxes 13-17.

v. Basic Pricing Data. Offerors shall complete Attachment B, “Basic Pricing Data,” for each performance period. In completing Attachment B Offerors shall not change the number of days in the spreadsheets. Fuel will be evaluated in accordance with the criteria set forth in PART XI for fuel evaluations. Fuel calculations shall be completed on the requisite tab provided in Attachment B, “Basic Pricing Data”.

w. Crew Complement. Offerors shall complete Attachment C, “Crew Complement Form” for each performance period.

x. The offeror must certify that the wages and fringe benefits contained in its offer meet, at a minimum, the wage and fringe benefits levels contained in the Department of Labor Wage Determination (Attachment H).

y. PAST PERFORMANCE. For the purposes of evaluating offerors’ past performance:

z. “Recent” is defined as a contract in-progress or completed within the last three (3) years. If the offeror has not had three (3) Government contracts within the last three (3) years, information on three (3) recent and relevant subcontracts and/or commercial contracts may be submitted.

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

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

b. 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.

c. 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).

Large Business 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)).

Subcontracting Plan. (Tailored) In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9.

In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and FAR 52.219-9 may be evaluated as part of Past Performance in future source selections.

A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

(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).

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.

(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.

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

(j) Unique Entity Identifier (UEI)Unique Entity Identifier 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 “UEI” or “UEI+4” followed by the UEI or UEI+4 number that identifies the offeror’s name and address. The UEI+4 is the UEI 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 UEI 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 UEI 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.

(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 Kenneth D. Allen. 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:

Director, Contracts & Business Management Directorate, Code N10 Military Sealift Command 471 East C Street, Bldg. SP-64 Naval Station Norfolk, Norfolk, VA 23511-2419

MSC encourages potential protestors to discuss their concerns with the Contracting Officer prior to filing a protest. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

DELETE PART XI. FAR 52.212-2 EVALUATION in its entirety and REPLACE with:

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

a) The Government will evaluate offers using a Low Price, Technically Acceptable (LPTA) process in accordance with FAR 15.101-2. The technical factor and past performance will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made, and no additional credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to the offeror with the lowest evaluated price proposal whose offer conforms to the solicitation requirements and meets the acceptability standards for all non-price factors. To be eligible for award, an offer must receive an acceptable rating in every non-price factor. An unacceptable rating in any non-price factor will render the entire offer unacceptable.

The Government intends to award without discussions. Pursuant to FAR 52.215-1(f) (4), however, the Government reserves the right to conduct discussions.

In selecting the lowest price technically acceptable offer, the following factors will be considered:

b) Evaluation of Factors

ab. Critical Submission Data.

Proposals will first be evaluated on the basic requirement to be considered an offer, and those requirements of Part X of the RFP identified as "Critical Submission Data". Offers that do not contain acceptable basic requirement to be considered an offeror, or that fail to provide acceptable responses to the items listed in Part X as "Critical Submission Data" will not be further evaluated or considered for award.

ac. Technical.

All proposals will be evaluated based on the requirements listed in Section 3. TECHNICAL PROPOSAL of FAR 52.212-1(ADDENDUM – ADDITIONAL INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS). Technical proposals will be evaluated based on acceptable/unacceptable criteria. In order to be determined technically acceptable, and thus be eligible for award, vessels must meet or exceed the requirements for the technical factor described in Section 3. TECHNICAL PROPOSAL.

Proposals rated unacceptable for any of the technical requirements listed in Part X will be rated overall unacceptable for the technical factor.

ad. Price

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

The total evaluated price will equal the sum of the total dollar amounts offered for charter hire for the firm and option periods, including the 52.217-8 option to extend, delivery and redelivery bonuses (if offered), and fuel costs and any other costs (excluding cancellation fees) set forth in the offer as determined in the Basic Pricing Data Sheet (Attachment B).

For evaluation purposes, the option price for the FAR 52.217-8 six months (183 days) period will use the daily rate of the final period.

Fuel calculations will be based on the data provided in the “Fuel Consumption Data” tab in Attachment B.

Other Rates and Cancellation Fee. While not evaluated for contract award cancellation fees submitted will be analyzed for price reasonableness.

ae. Past Performance The Government will search PPIRS for each offeror’s three most recent and relevant government contracts for the ocean transportation of cargo. While the Government intends to use primarily PPIRS to gather information on offerors’ past performance, it reserves the right to consider other sources of relevant information. The Government will not consider the past performance of parent or sister companies, and will only consider the past performance of the offeror. Recency and relevancy are defined in above Section 5. PAST PERFORMANCE. The Government will consider the extent of the offeror’s ability to perform a previous contract successfully in the areas of (a) quality of product or services; (b) timeliness or scheduling of supplies/deliveries; (c) business relations/customer satisfaction; and (d) key personnel and staffing (including subcontractors).

(A) At a minimum, award will not be made to an offeror who is or within the past three years has been seriously deficient in contract performance, unless the Contracting Officer determines that the circumstances were properly beyond the offeror’s control or that the offeror took appropriate corrective action.

(B) If discussions are held, offerors will be given the opportunity to address unfavorable reports of past performance assuming the offeror has not previously addressed it in the PPIRS or other past performance database.

(C) Rating Scale: The Government will assign ratings as follows: Acceptable: Based on the offeror's performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown (see note below).