20R4053 A0001 RFP Edit & Laydays.pdf

13 FEBRUARY 2020

THIS IS THE MILITARY SEALIFT COMMAND NORFOLK, STRATEGIC SEALIFT

PROGRAM SUPPORT OFFICE, N103A

TO: ALL POTENTIAL OFFERORS

SUBJECT: RFP N32205-20-R-4053; AMENDMENT 0001

REF: (A) MSC RFP N32205-20-R-4053 DATED 24 JANUARY 2020

1. REF (A) IS HEREBY RE-OPENED.

A. OFFERORS WHO HAD PREVIOUSLY SUBMITTED TIMELY OFFERS MUST

EITHER REAFFIRM THEIR EXISTING OFFER OR RESUBMIT IT. FAILURE

TO SUBMIT OR REAFFIRM AN OFFER WILL RESULT IN THE OFFER NOT

BEING CONSIDERED FOR AWARD.

B. ALL OTHER OFFERORS MUST SUBMIT THEIR ENTIRE OFFER TO BE

CONSIDERED FOR AWARD.

C. OFFERS OR REAFFIRMED OFFERS MUST BE SUBMITTED BY THE

CLOSING DATE AND TIME SPECIFIED IN BOX 8, FORM 1449.

2. REF (A) IS HEREBY AMENDED AS FOLLOWS:

A. AMEND STANDARD FORM 1449, BOX 8 ‘OFFER DUE DATE,’ TO READ:

“18 FEBRUARY 2020, AT 1000 EASTERN TIME”.

B. AMEND PART I, MSC TANKVOY BOX 6 ‘LAYDAYS’ TO READ:

COMMENCING: 01 MARCH 2020

CANCELING: 02 MARCH 2020

C. ADD: CALL OUT PART (V)(J) CONTRACTOR SECURITY (CS) AND AMEND

TO READ:

(l) THIS CONTRACT LANGUAGE IS ACTIVATED WHEN SPECIFICALLY CALLED OUT

IN THE RFP. EVEN WHEN ACTIVATED, CS MAY ONLY BE NECESSARY DURING A

PORTION OF THE CONTRACT AS DETERMINED BY THE USG AND THE RFP. IN

INSTANCES WHERE CS NECESSARY FOR THE ENTIRE POP, THE PRICE PROPOSAL

DOES NOT NEED TO PROVIDE A SEPARATE PRICE FOR THIS REQUIREMENT; IN

THESE CASES, “AWARD” SHALL REFER TO THE AWARD OF THE CONTRACT BY

MSC. IN INSTANCES WHERE CS IS NECESSARY ONLY FOR PORTIONS OF THE

MISSION’S POP, THE PRICE PROPOSAL SHALL PROVIDE A PER DIEM RATE FOR CS;

IN THESE CASES, “AWARD” SHALL REFER TO THE AWARD OF THE SUBCONTRACT

BY THE PRIME CONTRACTOR. IN THE EVENT OF EMERGENCIES AND IN

RESPONSE TO WORLDWIDE EVENTS, ALL CONTRACTORS, REGARDLESS OF

CALLOUT IN THE ORIGINAL RFP, MAY BE REQUIRED TO PROVIDE CS WHEN SO

DIRECTED BY THE USG.

1) CONTRACTOR SECURITY. THE GOVERNMENT REQUIRES THE CONTRACTOR

TO FURNISH ARMED CONTRACTOR SECURITY (CS) WITH A MINIMUM OF FOUR

(4) PERSONS, AS FOLLOWS:

a) EACH INDIVIDUAL SHALL, AT A MINIMUM:

i) BE ARMED WITH ONE SEMI-AUTOMATIC OR AUTOMATIC RIFLE OF 5.56

OR 7.62 CALIBER AND A MINIMUM OF 500 ROUNDS OF MILITARY-STYLE

FULL METAL JACKET AMMUNITION. INCLUDED IN THE AMMUNITION

AMOUNT SHOULD BE TRACER AMMUNITION FOR USE IN SUPPORT OF

FIRING WARNING SHOTS. SEE NTRP 3-07.2.2 WEAPONS HANDLING

PROCEDURES AND GUIDELINES, CH. 2, 4, 6, AND 7 FOR WEAPON

SPECIFICATION REQUIREMENTS (CAN BE PROVIDED UPON REQUEST).

BE ARMED WITH ONE SHOTGUN WITH A MINIMUM OF 20 ROUNDS OF

APPROPRIATE AMMUNITION FOR USE AGAINST SMALL UNMANNED

AERIAL SYSTEMS (UAS).

ii) MEET THE WEAPONS QUALIFICATIONS CONTAINED OPNAVINST 3591.1

SERIES OR ITS EQUIVALENT.

b) THE TEAM SHALL HAVE A MINIMUM OF TWO (2) LASER DAZZLER DEVICES

TO WARN AWAY OR DETER MANNED THREATS, E.G. SMALL BOATS, SMALL

AIRCRAFT, HELICOPTERS, ETC.

c) ALL TEAM MEMBERS MUST POSSESS A CURRENT TWIC, OR HAVE

SUCCESSFULLY COMPLETED A TERRORISM CHECK (TERRORISM SCREENING

DATABASE) BY THE U.S. GOVERNMENT OR COMMERCIAL EQUIVALENT.

2) CONTRACTOR SHALL PROVIDE THE SECURITY SUPPORT NECESSARY TO

ENSURE MISSION PERFORMANCE. CS SHALL, AT A MINIMUM, PERFORM THE

FOLLOWING:

a) PREVENT ANY VISIT, BOARD, SEARCH OR SEIZURE (VBSS) FORCE, OF AS

MANY AS 15 PERSONNEL, FROM BOARDING THE VESSEL BY ANY MEANS,

TO INCLUDE BUT NOT LIMITED TO, A HELICOPTER ASSAULT.

b) DEFEND THE VESSEL AGAINST PIRATES OR TERRORISTS WHO MAY USE 2

TO 20 SMALL VESSELS SIMULTANEOUSLY ATTACKING BOTH SIDES OF THE

VESSEL AND MAY BE ARMED WITH AUTOMATIC WEAPONS AND ROCKET

PROPELLED GRENADES.

c) DEFEND THE VESSEL AGAINST SUICIDE-BOMBER ATTACKS BY MANNED

OR REMOTELY PILOTED SMALL VESSELS LADEN WITH IMPROVISED

EXPLOSIVE DEVICES.

d) DEFEND THE VESSEL AGAINST REMOTELY PILOTED OR GPS-CONTROLLED

SMALL UAS SUICIDE-BOMBER ATTACKS.

e) DEFEND THE VESSEL AGAINST ANY OTHER ATTACK DESIGNED TO STEAL

OR SABOTAGE THE VESSEL, ITS CARGO, OR CAUSE DEATH OR SERIOUS

BODILY HARM OF ITS CREW OR SUPERCARGO.

3) THE TEAM SHALL BE ONBOARD DURING THE DURATION OF THE PORTION OF

THE VOYAGE(S) SPECIFIED IN BOX X. CONTRACTOR WILL PROVIDE

APPROVED FIREARMS AND AMMUNITION FOR THE CS AS DESCRIBED IN

PARAGRAPH 1(A) ABOVE (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. CONTRACTOR WILL PROVIDE BERTHING AND VICTUALS

FOR THE CS IN ACCORDANCE WITH THE TERMS OF THIS CONTRACT. THE

PRESENCE OF AN EMBARKED SECURITY TEAM (EST) ABOARD THE SHIP AT

THE SAME TIME AS A CST DOES NOT ELIMINATE THE CONTRACTUAL

OBLIGATIONS HEREIN. IF THE USG DECIDES TO EMBARK AN EST, THE EST

WILL ASSUME THE LEAD ON FORCE PROTECTION DUTIES, AND THE CST WILL

BE SUBORDINATE TO THEIR DIRECTION, THROUGH THE MASTER, TO INCLUDE

DISARMING AND STOWING THEIR WEAPONS, IF REQUIRED.

4) DOCUMENTATION REQUIREMENTS AND TIMELINE. THE FOLLOWING

TIMELINE WILL BE ADHERED TO BY ALL PARTIES FOR THE PROVISION OF

NOTIFICATIONS AND DOCUMENTATION:

a) NOT LATER THAN FOUR (4) WORKING DAYS AFTER AWARD, OR

NOTIFICATION BY THE MSC KO/COR THAT CS IS REQUIRED, THE

CONTRACTOR SHALL PROVIDE THE FOLLOWING FOR REVIEW/APPROVAL

BY THE GOVERNMENT:

i) A STATEMENT OF CERTIFICATION AND WARRANTY THAT:

(1) SECURITY CONTRACTOR POSSESSES A VALID CERTIFICATION

UNDER INTERNATIONAL STANDARD ISO 28007, SHIPS AND MARINE

TECHNOLOGY — GUIDELINES FOR PRIVATE MARITIME SECURITY

COMPANIES (PMSC) PROVIDING PRIVATELY CONTRACTED ARMED

SECURITY PERSONNEL (PCASP) ON BOARD SHIPS.

(2) CS TEAM MEMBERS POSSESS A CURRENT TWIC CARD OR HAS

UNDERGONE A TERRORISM CHECK (TERRORIST SCREENING DATA

BASE) BY THE U.S. GOVERNMENT IN ACCORDANCE WITH THE

CURRENT VERSION OF USCG PORT SECURITY ADVISORY 5-09.

(3) FIREARMS THAT THE CS TEAM WILL BRING ONBOARD THE VESSEL

MEET THE GOVERNMENT ‘S REQUIREMENTS IN PARA. 1 ABOVE.

(4) ONLY MILITARY-STYLE FULL METAL JACKET AMMUNITION WILL BE

SUPPLIED TO AND USED BY THE CS.

(5) ALL CS TEAM MEMBERS HAVE MET THE QUALIFICATION

REQUIREMENT IN PARA. 1(A)(III) ABOVE AND WILL SIGN A CS

ACKNOWLEDGMENT (BELOW) PRIOR TO EMBARKATION.

b) UPON REQUEST, CONTRACTOR SHALL PROVIDE THE CONTRACTING

OFFICER (KO) / CONTRACTING OFFICERS REPRESENTATIVE (COR) WITH

SUBSTANTIATING DOCUMENTATION THE CONTRACTOR HAS MET ITS

CONTRACTUALLY OBLIGATED STANDARDS, E.G., LIST OF WEAPONS,

AMMUNITION, AND QUALIFICATIONS FOR THE CS, LIST OF CS PERSONNEL

ASSIGNED (INCLUDING FULL NAME AND TWIC NUMBER OR

DOCUMENTATION OF TERRORISM SCREENING IN ACCORDANCE WITH

PARA. 1(C)) FOR QUALITY ASSURANCE PURPOSES WITHIN SEVEN (7) DAYS.

c) CONTRACTOR IS RESPONSIBLE FOR THE SECURE TRANSMISSION OF ANY

PERSONALLY IDENTIFIABLE INFORMATION (PII). QUESTIONS SHOULD BE

DIRECTED TO THE CONTRACTING OFFICER OR THE COR.

5) PERMISSION FROM VESSEL’S FLAG STATE (NON-U.S. FLAG). THE

CONTRACTOR WILL WARRANT IN ITS PROPOSAL THAT IT HAS CONFIRMED

WITH THE VESSEL’S FLAG STATE (FOR A FLAG OTHER THAN THE U.S.) THAT

EMBARKATION OF AN ARMED CS FOR THE PURPOSES STATED IN THE

CONTRACT DOES NOT VIOLATE FLAG STATE LAW. ONCE SO WARRANTIED,

THE CONTRACTOR SHALL HOLD HARMLESS THE USG FOR ANY VIOLATIONS

OF LOCAL OR FLAG STATE LAW OR INTERNATIONAL TREATIES REQUIRED BY

CONTRACT PERFORMANCE. THE INABILITY OF A CS TEAM TO PERFORM THE

CONTRACTUAL DUTIES MAY RESULT IN NON-COMPLIANCE FOR PURPOSES OF

PROPOSAL EVALUATION OR A BREACH OF CONTRACT TERMS DURING

PERFORMANCE.

6) RULES FOR USE OF FORCE & LEGAL COMPLIANCE. WHEN USING FORCE, TO

INCLUDE DEADLY FORCE, CS PERSONNEL WILL AT A MINIMUM COMPLY

WITH THE USE OF FORCE RULES FOUND IN:

a) CURRENT VERSION OF DOD DIRECTIVE 5210.56, ARMING AND THE USE OF

FORCE (PARTICULARLY ENCLOSURE 2 THERETO);

b) CURRENT VERSION OF SECNAV INSTRUCTION 5500.37, ARMING AND THE

USE OF FORCE; AND

c) CURRENT VERSION OF ALMSC MESSAGE, SUBJECT: RULES FOR THE USE

OF FORCE BY MSC MARINERS.

THE CONTRACTOR SHALL REQUEST COPIES OF THE ABOVE GUIDANCE FROM

THE CONTRACTING OFFICER IF THEY DO NOT HAVE IT. CONTRACTOR SHALL

IMMEDIATELY REPORT ANY DISCHARGE OF WEAPON(S) OR USE OF FORCE BY

CS PERSONNEL TO THE SHIP’S MASTER, CONTRACTING OFFICER, AND THE

MSC AREA COMMANDER, AND SHALL COOPERATE WITH AND ENSURE THAT

CS PERSONNEL COOPERATE WITH ANY INVESTIGATION OF THE INCIDENT BY

MSC, U.S. NAVY, DOD, OR OTHER U.S. GOVERNMENT AGENCY. THE STANDING

RULES OF ENGAGEMENT APPLICABLE TO U.S. MILITARY MEMBERS ARE NOT

APPLICABLE TO CS PERSONNEL.

7) WRITTEN CONTRACT SECURITY (CS) ACKNOWLEDGMENT OF CONTRACTOR,

SUBCONTRACTOR(S), & CS PERSONNEL.

a) PRIOR TO EMBARKATION OF THE CS, ALL CS PERSONNEL SHALL SIGN A CS

ACKNOWLEDGMENT. THE CONTRACTOR IS RESPONSIBLE FOR THE

SUBMISSION OF THE CS ACKNOWLEDGMENT BY CS PERSONNEL.

b) THE CS ACKNOWLEDGMENT TO THE CONTRACTING OFFICER WILL STATE

THAT:

CONTRACT SECURITY (CS) ACKNOWLEDGMENT (CSA)

THE UNDERSIGNED AFFIRMS BY SIGNATURES (ALONG WITH THEIR PRINTED

NAMES AND DATES OF SIGNATURE) AT THE BOTTOM OF THIS

ACKNOWLEDGMENT, THAT THEY HAVE READ AND UNDERSTAND THE

CONTENTS OF THIS ACKNOWLEDGMENT, HAVE TRUTHFULLY PROVIDED ANY

REQUIRED INFORMATION, AND WILL COMPLY WITH ALL REQUIREMENTS

CONTAINED IN THIS ACKNOWLEDGMENT.

(1) CS PERSONNEL HAVE BEEN BRIEFED BY THE CONTRACTOR OR CS

SUBCONTRACTOR(S) AND UNDERSTAND THEY WILL PROVIDE

SECURITY ON THE VESSEL AND DEFEND AGAINST THREATS TO THE

VESSEL, ITS CREW, AND DOD MILITARY CARGO ON BOARD. IN

PARTICULAR, CS PERSONNEL SHALL BE PREPARED TO:

a) PREVENT ANY VISIT, BOARD, SEARCH OR SEIZURE (VBSS) FORCE, OF AS

MANY AS 15 PERSONNEL, FROM BOARDING THE VESSEL BY ANY MEANS,

TO INCLUDE BUT NOT LIMITED TO, A HELICOPTER ASSAULT.

b) DEFEND THE VESSEL AGAINST PIRATES OR TERRORISTS WHO MAY USE 2

TO 20 SMALL VESSELS SIMULTANEOUSLY ATTACKING BOTH SIDES OF THE

VESSEL AND MAY BE ARMED WITH AUTOMATIC WEAPONS AND ROCKET

PROPELLED GRENADES.

c) DEFEND THE VESSEL AGAINST SUICIDE-BOMBER ATTACKS BY MANNED

OR REMOTELY PILOTED SMALL VESSELS LADEN WITH IMPROVISED

EXPLOSIVE DEVICES.

d) DEFEND THE VESSEL AGAINST REMOTELY PILOTED OR GPS CONTROLLED

SMALL UAS SUICIDE-BOMBER ATTACKS.

e) DEFEND THE VESSEL AGAINST ANY OTHER ATTACK DESIGNED TO STEAL

OR SABOTAGE THE VESSEL, ITS CARGO, OR CAUSE DEATH OR SERIOUS

BODILY HARM OF ITS CREW OR SUPERCARGO.

(2) UNLAWFUL OR OTHERWISE IMPROPER USE OF FORCE MAY SUBJECT THE

CONTRACTOR, SUBCONTRACTOR(S), AND THEIR EMPLOYEES (INCLUDING CS

PERSONNEL) TO CRIMINAL PROSECUTION AND/OR CIVIL LIABILITY UNDER

U.S., FLAG STATE, LOCAL, OR INTERNATIONAL LAW.

(3) CS PERSONNEL HAVE BEEN BRIEFED BY THE CONTRACTOR OR CS

SUBCONTRACTOR AND UNDERSTAND LIMITATIONS ON THE USE OF FORCE.

IN PARTICULAR, THE STANDING RULES OF ENGAGEMENT APPLICABLE TO U.S.

MILITARY MEMBERS ARE NOT APPLICABLE TO CS PERSONNEL. WHEN USING

FORCE, TO INCLUDE DEADLY FORCE, CS PERSONNEL WILL AT A MINIMUM,

COMPLY WITH:

i) CURRENT VERSION OF DOD DIRECTIVE 5210.56, ARMING AND THE USE

OF FORCE (PARTICULARLY ENCLOSURE 2 THERETO);

ii) CURRENT VERSION OF SECNAV INSTRUCTION 5500.37, ARMING AND

THE USE OF FORCE; AND

iii) CURRENT VERSION OF ALMSC MESSAGE, SUBJECT: RULES FOR THE

USE OF FORCE BY MSC MARINERS.

(4) CS PERSONNEL WILL ONLY USE U.S. GOVERNMENT-APPROVED FIREARMS

AND AMMUNITION. THESE GOVERNMENT-APPROVED FIREARMS AND

AMMUNITION, AS WELL AS ANY BODY ARMOR, TACTICAL COMMUNICATIONS

SYSTEMS, OR PROTECTIVE EQUIPMENT, WILL BE FURNISHED TO THE CS BY

THE CONTACTOR OR CS SUBCONTRACTOR(S), WHO ARE RESPONSIBLE FOR

DELIVERY TO AND RETRIEVAL FROM THE VESSEL OF THESE ITEMS.

(5) CONTRACTOR AND SUBCONTACTOR(S) ACKNOWLEDGE THAT THE

BACKGROUND AND QUALIFICATIONS OF CS PERSONNEL HAVE BEEN

INVESTIGATED, AND CERTIFY THESE PERSONNEL ARE NOT PROHIBITED

UNDER U.S. LAW TO POSSESS FIREARMS, AND ALL DOCUMENTATION

PROVIDED TO THE CONTRACTING OFFICER IS ACCURATE.

(6) CS PERSONNEL HAVE PROPERLY FILLED OUT, SIGNED, AND PROVIDED DD

FORM 2760 (QUALIFICATION TO POSSESS FIREARMS OR AMMUNITION)

AND MSC SUPPLEMENT TO DD FORM 2760. CONTRACTOR SHALL PROVIDE

COPIES OF THESE COMPLETED FORMS TO THE CONTRACTING OFFICER WITH

THIS CS ACKNOWLEDGMENT.

(7) CS PERSONNEL SHALL EACH CARRY A COPY OF THE SIGNED CSA WITH HIM

OR HER AT ALL TIMES.

(8) AUTHORIZATION FOR CS PERSONNEL TO USE FIREARMS MAY BE REVOKED

FOR NON-COMPLIANCE WITH ESTABLISHED RULES FOR THE USE OF FORCE

BY THE VESSEL MASTER OR THE CONTRACTING OFFICER. IN THE EVENT OF

SUCH A REVOCATION, THE CONTRACTOR SHALL:

(a) PROVIDE IMMEDIATE NOTIFICATION (WITHIN FOUR (4) HOURS) TO THE

CONTRACTING OFFICER.

(b) WITHIN 24-HOURS, PROVIDE A PLAN TO RETURN THE CS TO FULL

CAPABILITY, INCLUDING PROVIDING ALL REQUIRED DOCUMENTATION,

CERTIFICATIONS AND CONTRACT SECURITY (CS) ACKNOWLEDGEMENT

FOR REPLACEMENT PERSONNEL, FOR GOVERNMENT

ACCEPTANCE/APPROVAL.

(9) CS PERSONNEL SHALL BE CURRENT ON ALL QUALIFICATIONS TO USE THE

SPECIFIED CONTRACTOR OR SUBCONTRACTOR-FURNISHED AND

GOVERNMENT-APPROVED FIREARMS AND WILL NOT BE ISSUED OR USE ANY

WEAPON WITH WHICH THEY HAVE NOT QUALIFIED (THE DATE AND TYPES OF

QUALIFICATION STANDARDS THAT INDIVIDUAL CS PERSONNEL ARE IN

COMPLIANCE WITH ARE SET FORTH BELOW UNDER EACH OF THEIR PRINTED

NAMES).

2. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

SIGNED: ROBBIN JEFFERSON, CONTRACTING OFFICER, N103A