19R3219_RFP.pdf

10 May 2019

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

MARKET SURVEYS, RFP’S, AMENDMENTS AND CONTRACT AWARDS WILL BE

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

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N32205-19-R-3219

Ref: (a) SF 1449

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

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

MSC Strategic Sealift Program Support Office, Code N103, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available on the MSC web site at http://www.msc.navy.mil, under “Contracts,” then “Proforma,” or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

Notes:

1. EACH OWNER/OFFEROR SHALL SUBMIT ONLY ONE VESSEL. SUBSTITUTIONS

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

COMMUNICATIONS ARE HELD AND FINAL PROPOSALS ARE REQUESTED (SEE

TANKVOY PART X(g)).

2. 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. NO JPEG FILES.

http://www.fbo.gov/

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-19-R-3219

6. Solicitation Issue Date: 10 May 2019

7. For Solicitation Information: Nic Hatcher; e-mail eric.n.hatcher@navy.mil

8. Offer Due Date: 14 May 2019, at 1000 Eastern Time.

9. Issued by: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP 64, Naval Station Norfolk, Norfolk, VA 23511-2419 (Code: N32205)

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

14. Method of Solicitation: RFP 18a. Payment will be made by: SEE Part VIII (4) WAWF Submit electronic invoices IAW WAWF contract clause.

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

INSTRUCTIONS (AUG 2012).

27a. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 Alt 1 and 52.212-5 are attached.

PART I - TANKVOY BOXES:

1. VESSEL(S) REQUIRED: One clean, approved, U.S. or foreign-flagged, double-hull tanker, with an Inert Gas System (IGS) and Segregated Ballast Tanks (SBT) that is capable of carrying a minimum of 235,000 bbls of clean product (intentions F76) within vessel’s natural segregation in designated cargo tanks with double-valve isolation and with the following minimum particulars:

a) Under Cargo Preference Act of 1904, preference will be given to U.S. Flag.

b) Vessel must be a party to the SIRE System and provide a current Q-88 with offer (no more than 60 days old).

c) Q-88 must detail current acceptances and dates of inspection. There shall be at least one

SIRE inspection not more than six months prior to the commencement of laydays under this charter; offerors shall confirm that such inspections were satisfactory.

d) Vessel’s age shall be less than 20 years for the duration of the charter, vessels that will exceed 15 years during the charter period must be enrolled in their classification society’s Condition Assessment Program (CAP) and be rated CAP 2 or better.

e) Vessel must have a SBT.

f) Vessel must have an IGS.

g) Vessel cannot exceed a maximum LOA of 244 meters.

h) Vessel cannot exceed a maximum beam of 50 meters.

mailto:eric.n.hatcher@navy.mil

i) Vessel cannot exceed a maximum DWT of 80,000 MT (re-measuring DWT is not permitted as per the loading terminal).

j) Vessel cannot exceed a maximum displacement of 58,930 MT at the loading terminal.

k) Vessel cannot exceed a maximum loading arm height of 13.00 meters while laden.

l) Vessel must be fitted with a minimum of 6 steel mooring lines (or HMPE ropes) at each end forward and aft of the vessel.

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

Certificate.

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

Security Certificate.

o) Owner must provide vessel stowage plan demonstrating vessel’s ability to load a minimum of 235,000 bbls F76 with a maximum draft of 12.30 meters.

p) Owner must provide vessel stowage plan demonstrating vessel’s ability to load a minimum of 205,000 bbls F76 with a maximum draft of 11.00 meters.

q) Owner must provide vessel stowage plan demonstrating vessel’s ability to load a minimum of 160,000 bbls F76 with a maximum draft of 10.00 meters

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

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

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

t) Owner must confirm vessel will arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by Quality Assurance Representative (QAR). Ensure any adjacent tanks are also clean and gas free. Contractor shall provide (Owner's account) a Certified Marine Chemist to certify tanks safe for entry for internal tank inspection by Government and/or Charterer representative. Certified marine chemist must enter all cargo tanks in advance of the QAR and perform a full four corner entry inspection. Certified marine chemist’s inspection must include all tank pockets identified by the QAR to the satisfaction of the QAR. If a prior (last and next to last) cargo contained a percentage of benzene, owner’s certified marine chemist must arrive equipped with benzene detection tubes to measure toxicity for benzene content. All safe for entry / toxicity / flammability assessments will be performed in the presence of the inspecting QAR. Contractor will provide time needed to re-inert after inspection.

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

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

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

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

Certificates should contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality should contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of “typical” are not acceptable. Additionally, the following are required for the specific products mentioned:

1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or “mass percent”, or Doctor Test (ASTMD 4952). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.

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

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

y) Owner must confirm if the last three cargoes carried were FAME (Fatty Acid Methyl

Esters) free. If tanks did contain FAME owners must provide a statement stating the vessel cargo tanks were cleaned / conditioned in accordance with the guidance in Energy Institute HM50.

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

aa) Owner agrees where cargo is carried after contract award and prior to delivery to provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the Government shall result in the Government cancelling this contract at no cost to the Government.

bb) Vessel must meet all MSC requirements for reporting. Vessel shall provide position/status reports in-port and at-sea every six (6) hours daily at 0000, 0600, 1200, and 1800 hours local Washington, DC time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hr pre-arrival notifications for all ports to Area Command and COMSC PM51. Reports shall be sent to the following email addresses:

1. WILLIE.JONES@ME.NAVY.MIL

2. BILLY.ONEAL@ME.NAVY.MIL

3. GARY.BOWERS@ME.NAVY.MIL

4. SEALOGCENT.OWO@ME.NAVY.MIL

5. MSCHQ.BWC.FCT@NAVY.MIL

6. COMSC.TANKERS@NAVY.MIL

7. DESC-BIT@DLA.MIL

2. CARGO DESCRIPTION:

MINIMUM 235,000 BBLS F76

3. INTENDED LOADING PORT/PLACE:

SITRA, BAHRAIN

PORT RESTRICTIONS (WOG):

MAX DWT: 80,000 MT (Re-measuring not allowed)

MAX DISPLACEMENT: 58,930 MT

MAX LOA: 250.00 METERS

MAX BEAM: N/A

MAX DRAFT: 12.30 METERS

MAX LOADING ARM HEIGHT: N/A

ARRIVAL FREEBOARD ALLOWED: 17.00 METERS

4. INTENDED DISCHARGE PORT/PLACE:

(1) JEBEL ALI, UAE

PORT RESTRICTIONS (WOG)

MAX DISPLACEMENT: N/A

MAX DWT: N/A

MAX LOA: 250.00 METERS

MAX BEAM: N/A

MAX DRAFT: 13.20 METERS

MAX LOADING ARM HEIGHT: 17.00 METERS

(2) FUJAIRAH, UAE

PORT RESTRICTIONS (WOG)

mailto:DESC-BIT@DLA.MIL

MAX DISPLACEMENT: N/A

MAX DWT: 100,000 MT

MAX LOA: 244.00 METERS

MAX BEAM: 50.00 METERS

MAX DRAFT: 11.00 METERS

MAX LOADING ARM HEIGHT: 15.00 METERS

(3) DIEGO GARCIA

PORT RESTRICTIONS (WOG)

MAX DISPLACEMENT: N/A

MAX DWT: N/A

MAX LOA: N/A

MAX BEAM: N/A

MAX DRAFT: 10.0 METERS

MAX LOADING ARM HEIGHT: N/A

5. ROUTE: PRESENT AT SITRA, BAHRAIN, LOAD 235,000 BBLS F76, THEN

PROCEED TO JEBEL ALI, UAE TO DISCHARGE A PORTION OF THE CARGO,

THEN PROCEED TO FUJAIRAH, UAE TO DISCHARGE A PORTION OF THE

CARGO, THEN PROCEED TO DIEGO GARCIA TO DISCHARGE FINAL

PORTION OF CARGO.

6. LAYDAYS:

COMMENCING: 22 MAY 2019

CANCELLING: 23 MAY 2019

7. TERMS AND CONDITIONS:

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

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

TANKVOY BOXES, REPLACE "Data Universal Numbering System (DUNS) Number" with "Unique Entity Identifier (UEI)" in the Owner Box.

AMEND PART (III) (k)(2) first sentence to read: Duration. Laytime of 240 hours total shall be permitted free of expense to the charterer for the purposes of loading and discharging cargo and for all other charterer's purposes.

AMEND PART IV(h)(1), the last and penultimate sentences to read as follows:

In the event of the existence of said risks, the Charterer shall, to the extent provided in this paragraph (h), assume provable additional costs of wages (including all additional bonuses and payments required) and insurance and all taxes associated therewith properly incurred by the Owner as a consequence of service under this Charter Party, except that no additional costs for wages or insurance shall be payable by Charterer if such additional costs were known or should have been known by Owner at the time that Final Proposal Changes were due, or in the case of awarding off initial offers, when initial offers were due. In such a case, paragraphs (2), (3) and

(4) of this Article (h) shall not be applicable.

DELETE PART IV(o) CREW LIST

CALL OUT PART (V)(l) CONTRACTOR SECURITY (CS) - DEC 2012 (For U.S. Flag Vessels Only) Amend Part V(l)(1) to read: "As required during the charter on a reimbursable basis, the Government requires the contractor to furnish an armed Contractor Security (CS) team consisting of a minimum of four (4) persons. The contractor shall provide the team makeup for approval by the Government prior to embarking the team, and the team shall be onboard as directed by the Government. Contractor will provide government-approved firearms and ammunition for the CS team as described below (as well as any body armor, tactical communications systems, or protective equipment for their use), and is responsible for delivery to and retrieval from the vessel of these items. The contractor is responsible for all logistics associated with the weapons during the time the CS team is onboard. Contractor will provide berthing and victuals for the CS team in accordance with the terms of this contract.”

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

DELETE PART VI in its entirety and REPLACE with FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

13126).

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

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

___ (ii) Alternate I (Feb 1999) of 52.222-26.

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

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (ii) Alternate I (July 2014) of 52.222-36.

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

___ (ii) Alternate I (Jan 2017) of 52.224-3.

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

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

XX (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

(End of Clause) http://www.acquisition.gov/far/current/html/52_212_213.html

ADD PART VIII(b)(22): FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) –

CHECKED

ADD PART VIII(b)(23): 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) CHECKED

ADD PART VIII(b)(21): FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

– CHECKED

ADD PART VIII(b)(24): FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) (JUL 2014) – CHECKED

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

ADD PART VIII(b)(25): FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun

2013) – CHECKED

ADD PART VIII(b)(26): FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) – CHECKED

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

CHECKED

ADD PART VIII(b)(27) DFARS 252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) (Oct 2015) – CHECKED

ADD PART VIII(b)(28) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) – CHECKED

ADD PART VIII(b)(29) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001) (Oct 2015) – CHECKED.

ADD PART VIII(b)(30): DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) (Sep 2015) – CHECKED.

ADD PART VIII(b)(31): DFARS 252.225-7981 Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (Deviation 2015-O0016) (Sep 2015) –

CHECKED.

ADD PART VIII(b)(32) DFARS 252.247-7022 Representation of Transportation by Sea (AUG

1992) – CHECKED

http://www.acquisition.gov/far/current/html/52_212_213.html

ADD PART VIII(b)(33) DFARS 252.247-7023 Transportation of Supplies by Sea-Basic (APR

2014) – CHECKED

ADD PART VIII(b)(34) DFARS 252.247-7027 Riding Gang Member Requirements (OCT

2011) – CHECKED

DELETE PART VIII (c)(1) in its entirety and REPLACE WITH:

FAR 52.204-7 System for Award Management (Oct 2018) – CHECKED

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its

EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

AMEND PART X TO READ: FAR 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018).

DELETE PART X (b)(10) in its entirety and replace with the following:

Past Performance Information (Tailored)

For the purpose of evaluating offerors’ past performance:

A. “Recent” is defined as a contract in-progress or completed within the last three (3) years.

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

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

2. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS.

3. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of the 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).

AMEND PART X(c) TO READ: “Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The forgoing does not preclude an offeror from withdrawing its offer prior to award.”

DELETE PART X(j) AND REPLACE WITH: Unique Entity Identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 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 “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

AMEND PART X(m) delete the address after first paragraph and replace with the following:

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

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

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror (See Note (1) below) whose technically acceptable proposal with acceptable past performance represents the lowest price to the Government.

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

The rest of PART XI(a) is to remain unchanged.

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

Technical Price Past Performance

AMEND PART XI(b): Add the following: In compliance with Cargo Preference, the Contracting Officer may elect to only evaluate U.S. flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

AMEND PART XI(c) to read: Technical. The offeror’s proposal will be evaluated based on technical capability of vessels proposed as evaluated in accordance with TANKVOY Part I, Boxes 1-6 above.

AMEND PART XI(d) to read as follows:

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 section X, above, of past performance information. 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.

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). Unacceptable: Based on the offeror’s performance record, the government does not have a reasonable expectation that the offeror will be able to successfully perform the requirement.

Note: In the case of an offeror without a record of relevant performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(A) (2) (IV)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered acceptable. Offerors will be evaluated on their performance under existing and prior contracts for similar services and as otherwise detailed in the solicitation. Information obtained from references listed in proposals, other customers known to the Government, and other sources of useful and relevant information will be considered.

AMEND PART XI(e) to read: Price. The evaluated price will be computed based on the lumpsum price for the voyage plus one day of demurrage.

AMEND PART XII TO READ: FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, (Oct 2018) Alternate 1 (Oct 2014).

ADD to the end of PART XII TO READ: FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

ADD to the end of PART XII FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (Dec 2016).

DELETE PART XIII DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law (DEVIATION

2012-O0004) (JAN 2012).

CALLOUT PART X. INSTRUCTIONS TO OFFERORS

Offerors shall comply with all parts of the solicitation. However, the government is notifying all offerors the following items are frequently missed so offerors should be especially cautious to not exclude them:

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

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

• Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late.

• Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes.

• Completed FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, (OCT 2018) Alternate 1 (OCT 2014).

• Completed FAR 52.209-7 – Information Regarding Responsibility Matters (OCT 2018).

• 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 TANKVOY 2013 (Rev 1 (10-

13)) 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.

• Offeror’s or authorized agent’s signature. Note: Unsigned offers will not be considered for award.

• Proposed laydays.

• Lump sum price and demurrage rate.

• Provide a current Q-88 with offer (no more than 60 days old). Q-88 must detail current acceptances and dates of inspection.

• Information required in Part I boxes and Parts XII and XIII Representations and

Certifications.

• With respect to last and next to last cargoes (Boxes 29 and 30), provide quality certificate(s): (1) Naphtha/condensates, mercaptan sulfur, reported in “parts per million” or “mass percent”, or doctor test (ASTM d 4952) (2) gasoline (motor or aviation): it must state whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

• Evidence of International Safety Management (ISM) and International Shipboard Port Security (ISPS) compliance.

• The following information:

• Has your vessel been inspected by a major oil company? Date? What companies?

Where?

• Has your vessel been inspected in accordance with current OCIMF standard? Date?

Where?

• Does your vessel fully comply with the ISM code? Does your vessel possess a valid safety management certificate and document of compliance?

• Vessel hull value is: _____________________

• Offerors must be registered in the System for Award Management Registration (SAM) in order to be considered for award. To comply, provide a Unique Entity Identifier (UEI) number with your offer. This number is required to verify registration and in order to register in SAM. The UEI 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.

SIGNED: KENNETH ALLEN, CONTRACTING OFFICER, MSC, N103