18R3500_RFP_PROFORMA_2018_Rev2.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

DELETE PART IV “(g) INSURANCE”, “(h) WAR” and replace with the following:

G‐1 Vessel Owner’s Insurance.

G‐1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the Vessel, including:

i. Hull and Machinery,

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

iii. War Risk Hull and Machinery,

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

v. Second Seaman’s War Risk. (the principal sum of which shall be $200,000.00 per Master, Officer, or crew member (this is also the loss-of-life benefit)).

Except as otherwise expressly provided in Section G‐1.3 below or as expressly provided in the section entitled “War” (H‐1), all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this Charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this Charter Contract.

|X| 1.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this Contract.

G‐1.2 Contractor agrees to indemnify and hold harmless the Charterer for all liability, costs, or expenses arising from or related to this contract and involving covered risks and losses under the terms of the insurance required in G-1.1 above. Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section G-1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United States of America regardless of amount.”

G‐1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits. Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

G-1.4 All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

G-2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War Risk Policy.

G-2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy.

|X| 2.1.1 At least 10 calendar days prior to delivery of vessel, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

G-2.2 “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

G-2.2.1 If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in Section G-2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

G‐2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United States of America as additional assured Charterer.

G‐3 P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

G‐3.1 Contractor shall obtain P&I Insurance for Charterer’s Risks or a Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) covering all risks typically covered by P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

|X| 3.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this Contract.

|X| 3.1.2 The Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage shall provide coverage of $500,000,000.00.

G‐3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it. Contractor will advise the insurer that the Charterer will not declare all ships chartered by it to the insurer, and shall obtain an endorsement on the policy stating, “the United States of America, as Charterer, is not required to declare to [insert insurer name] all ships chartered by it.”

G-4 Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy as required by Section G-2; or fails to obtain for the United States the P&I Insurance for Charterer’s Risks or Time Charterer P&I policy/entry with War Risks coverage required by Section G-3; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses involving covered risks and losses under the required insurance policies/coverage.

G-4.1 Contractor shall not, through action or inaction (including but not limited to failing to meet all conditions of a policy, causing through action or inaction cessation of a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage. If any such policy is vitiated or voided by Contractor’s action or inaction as described in this Section G-4.1, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy or coverage remained in full force and effect.

H-3.4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section G‐2.2, fails to amend supplemental limiting provisions as described in Section G‐2.2.1, or fails to amend provisions limiting payment or coverage as described in Section G-2.3, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy had such provisions been stricken or amended as required.

H‐1 War.

H‐1.1 Voyage Instructions. Operating limits of the Vessel subject to this Contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, zone, or route involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Contractor not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Contractor indemnification against said risks pursuant to Public Law 85‐804 (72 Stat. 972, August 28, 1958).

H‐1.2 The Contractor shall immediately notify the Charterer: (i) whenever any sailing orders will result in the Vessel subject to this Contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the Vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas); (ii) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the Hull War, Strikes, Terrorism and Related Perils Listed Areas) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this Contract. The Contractor shall ensure that the insurers provide it relevant information in a timely manner. If the Contractor has given this required notice to the Charterer, the Charterer will reimburse the Contractor for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the Vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Hull War, Strikes, Terrorism and Related Perils Listed Areas under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Contractor notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

H‐1.3 Additional Wage Costs. The Charterer shall reimburse Contractor for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone, or route. Contractor shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

H‐2 Government War Risk Insurance/Indemnity.

H‐2.1 General. Upon receipt of notice and instructions from the Contracting Officer, as specified in the last sentence of Section H-1.2 of the section entitled “War (H‐1)” above, concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance, the Contractor shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in any area(s) excluded by the War Risk Trading Warranties, or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Contractor shall accept the Government’s indemnity or Government War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Contractor shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or Government War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or Government War Risk insurance becomes ineffective. The Contractor shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

H‐2.2 Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the Vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Hull War, Strikes, Terrorism and Related Perils Listed Areas, or otherwise excluded under the Contractor’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Contractor:

(1) War Risk Hull Coverage, insured at the hull value stated in Vessel’s current commercial hull and increased-value policies effective on Charter Party date, a copy of which current hull policies shall be furnished to Charterer;

(2) War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of the hull value stated in Vessel's current commercial hull policy effective on Charter Party date or (ii) $50,000,000.00, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on Charter Party date;

(3) War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Master, Officer, or crew member (this is also the loss-of-life benefit);

(4) War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on the Vessel on Charter Party date. The sum insured by this policy, including the amount of lost time that is covered, will be equivalent to the levels insured by the Vessel's commercial policy. However, the amount insured by this policy will in no event exceed the hire rate(s) (that would have been in effect under this Charter Party during the period of time that the vessel was off-hire because of a covered War Risk), over a maximum duration of 90 days lost. This maximum amount will be further subject to a deductible equivalent to that in place under the Vessel's commercial policy.

H‐2.3 Government Indemnity. Under the authority of Public Law 85‐804 (72 Stat. 972, August 28, 1958) and Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Contractor against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

ADD to PART IV (ar) the following section:

Contractor’s Notice Regarding Litigation.

The Contractor shall provide the Contracting Officer with immediate notice of any legal action, or claim against the Government, the Vessel, the Contractor, or the Contractor's underwriters that arises from or is related to this contract. The Contractor shall also provide the Contracting Officer with immediate notice of any legal action brought by the Contractor that arises from or is related to this contract.

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. Proposal may be submitted via AMRDEC SAFE website (https://safe.amrdec.army.mil/safe/). The government must receive confirmation of submittal prior to the solicitation closing from both the automated AMRDEC e-mail and the offeror’s e-mail notifying the Government that the proposal was submitted through AMRDEC in order to be considered timely. It is the offeror’s responsibility to ensure all attachments are uploaded correctly in a searchable format and clearly marked. 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.