pd251D0.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

SECTION B

SECTION B

B-1

BOX FORMAT

Vessel(s):

Owner, DUNS, CAGE, TIN (and TIN of parent, if applicable):

Solicitation Number (date):

N62387-15-R-2017

Contract Number (date):

TBD

1. Vessel Required:

See RFP Section C

2. Place/Range of Delivery:

US East Coast, as mutually agreed to by the parties.

3. Place/Range of Redelivery:

US East Coast, as mutually agreed to by the parties.

4. Charter Period

Firm Period = one (1) year

Option Period 1 = one (1) year

Option Period 2 = one (1) year

Option Period 3 = one (1) year

Option Period 4 = eleven (11) months

5. Lay Days:

On or about 01 October 2015

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

Vessel(s):

UNLESS OTHERWISE SPECIFIED, PROPOSAL IS FIRM IN ACCORDANCE WITH RFP SECTION L-3.7.

9. Amendments Acknowledged (amendment numbers and dates)

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

13. - 17. RESERVED

Vessel(s):

PER DIEM RATES

FIRM PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18A.

USD per diem

FIRST OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18B.

USD per diem

SECOND OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18C.

USD per diem

THIRD OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18D.

USD per diem

FOURTH OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18E.

USD per diem

21. Indicate crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

22. Other Costs:

22. Other Costs (continued):

Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor's inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery (of vessel or layberth) $ 0.00

During Fixed Performance Period

$ 0.00

During 1st Option Performance Period $ 0.00

During 2nd Option Performance Period $ 0.00

During 3rd Option Performance Period $ 0.00

During 4th Option Performance Period $ 0.00

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition and modification or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government will ensure it has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled

"Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clause entitled "Default" or under the clause entitled "Termination for Convenience of the Government."

Note: Pursuant to 10 USC§2401, the Government is prohibited from entering into a vessel lease or charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i.

An agreement by the U.S., under the contract, to pay an amount greater than 25% of the value of the vessel for the termination liability; or ii.

An agreement by the U.S., under the contract, to pay an amount greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

Vessel(s):

LAYDAYS PROPOSED

GENERAL

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a (LT)

b. (M)

a. (ft)

b. (m)

a. (hp)

b. (Kw)

a. (hp)

b. (kW)

48. Classification society entered and class assigned:

No

Vessel(s):

GEAR

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

CASUALTIES/DEFICIENCIES

55. Has vessel been involved in any serious grounding or collision within a period of twelve months from the submission date of this proposal? (include full description if "yes")

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

Vessel(s):

FUEL CONSUMPTION AT SERVICE SPEEDS

FUEL CONSUMPTION AT VARIABLE SPEEDS

63. Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages

63A: Grades Consumed:

63 B. LADEN TO SUMMER MARKS

Knots

(NM)

Net bbls per mile Net bbls per day Operating

Range

01>

02>

03>

PLEASE COMPLETE BOX 63B IN ENTIRETY

04>

05>

06>

07>

08>

09>

10>

11>

12>

13>

14>

15>

Vessel(s):

FUEL GRADE

64. Minimum vessel fuel specifications

Vessel(s):

B-2

CHARTER HIRE

B-2.1 Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 18–20 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime, penalty time, bonuses, payments, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Section H-20 (Fuel) and H-30 (Port Charges and Expenses), respectively.

B-2.2 Loss of Vessel. Should the Vessel be either lost or missing, or become a constructive total loss, this Charter shall terminate and hire shall cease to be payable at the time of her loss or, if said time is unknown, at the time of the Vessel’s last received communication. If the Vessel should be off hire or missing when a payment of hire would otherwise be due, payment shall be made for all hire due for the charter period until the Vessel was lost or the last communication was received. Thereafter, payment shall be postponed until the off-hire period ceases or the safety of the Vessel is ascertained, as the case may be.

B-2.3 CLIN STRUCTURE. The CLIN structure may be unilaterally changed by the Government at award to accommodate the funding format.

FUNDING INFORMATION ONLY

(To be completed by the Government at contract award)

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SECTION C

SECTION C

C-1.0 GENERAL

C-1.1 Scope of Work/Mission: The following paragraphs describe the general scope of the Performance Work Statement.

C-1.2 Mission: The vessel shall serve as host/support ship for at-sea operations conducted by the Naval Surface Warfare Center Panama City (NSWC-PC). At-sea operations shall include deployment and recovery of inert or live mines and test instrumentation and objects, the tow of surface and submerged vehicles, housing and support of test data acquisition equipment and personnel, deployment and recovery of subsea equipment, Remote Operating Vehicle (ROV) operations, and on-station monitoring. The vessel shall be required to follow computer generated track lines while towing sonars or other towed systems. The vessel shall be required to accurately hold station while subsea equipment is deployed or recovered using the vessel’s crane from its stern. The vessel shall be required to hold station while an ROV is being deployed and operated over the side of the vessel.

C-1.3 Operational Support: Services shall include, but not be limited to the following:

a. Deployment and recovery of up to fifty (50) inert or live mines and test instrumentation and objects

b. Tow of surface and submerged vehicles

c. Housing and support of test data acquisition equipment and personnel

d. Deployment and recovery of subsea equipment/systems

e. Remote Operating Vehicle (ROV) operations

f. Guard Duty (for guarding shallow targets in an area in the Gulf of Mexico) C-1.4 Operational Control (OPCON): Naval Surface Warfare Center Panama City (NSWC-PC).

C-1.5 Area of Operations: The vessel will operate in the Panama City, FL area out 60 miles for 90% of the time. The remaining 10% of operational time may require the ship to operate away from Panama City, FL in locations such as Corpus Christi, TX in the Gulf of Mexico, Norfolk, VA in the Atlantic Ocean out 200 miles, the Florida Keys, Bahamas, or other distant locations.

C-1.6 Estimated Operating Tempo Scenario (One-Year Period): 24 hours a day, seven days a week, whether at sea or in port:

a. Percent of time underway at less than 15 knots:

15%

b. Percent of time at anchor:

5%

c. Percent of time underway 15 knots or greater:

20%

d. Percent of time in port:

60%

A typical operation scenario requires the vessel to conduct the evolution underway and return to the Naval Support Activity (NAVSUPPACT) to offload. Pier side load-outs and offloads are accomplished by the Government utilizing the crane support assets at the NAVSUPPACT during regular working hours. The nature of Research, Development, Test, and Evaluation (RDT&E) missions often results in unexpected program delays. The majority of operations are daily where the vessel gets underway from the NAVSUPPACT in the morning and returns that afternoon. Deep water and remote operations, when the transit time is excessive, require the vessel to remain at-sea for the duration of the evolution, which is about 4 to 5 days or longer. While staying underway for 24 hours, 18-hour workdays supporting NAVSUPPACT personnel are normal. It is approximately 7 nautical miles (NM) from the NAVSUPPACT berthing facilities to the Gulf of Mexico. At least a quarter of daily operations’ underway time will be transiting to and from the operation area. Transit speed is limited only by safe navigation requirements.

C-1.7 Ship Clearances: The Government will secure diplomatic clearances and operational area clearances when and where required.

C-1.8 Ship Certification: The vessel shall be certified by the United States Coast Guard for the services that she will be engaged in and classed by a recognized classification society (ABS or equivalent).

C-2.0 VESSEL REQUIREMENTS

C.2.1 Vessel Characteristics: Minimum LOA of 145 ft.

C-2.2 Flag: The vessel shall be a Jones Act-qualified, U.S. Flagged vessel.

C-2.3 Minimum Transit/Towing Speed and Range: 1200 NM at a minimum 20 knots transit speed and 18 knots towing speed.

C-2.3.1 Acoustic Signature Capability: Noise level between 100 Hz and 20 kHz should be less than or equal to 160 (1/3 octave band level in dB relative to 1 micropascal at 1 m).

C-2.3.1.1 Engine Type – To support the acoustic signature capability the vessel shall be equipped with 4 x Cummins KTA 38M2, 5600 HP or equivalent .

C-2.4 Endurance: The vessel shall have sustained underway capability to support operations for twelve (12) people for a period of up to ten (10) days.

C-2.5 Maximum Draft: 12 feet

C-2.6 Minimum Beam: 25 feet

C-2.7 Open Deck Space: The vessel shall have a minimum 50ft by 20ft contiguous open deck space. The deck space shall be free of overhead obstructions with the exception of the crane and A-Frame, when installed.

C-2.8 Government Furnished Equipment (GFE): The vessel shall have sufficient deck strength to load and transport the GFE within the contiguous open deck space in accordance with C-2.8.1. The required GFE for an operation will be unique to that operation and may include: generators, instrumentation vans, and project winches. The Government will on-load and secure the equipment. The vessel shall have a sufficient number of deck tie down pads available to attach all GFE. The vessel will be restored to its original condition after each mobilization and demobilization. The GFE will be self-sufficient with respect to environmental conditioning and fuel and will be maintained/operated by Government employees. During missions, the vessel’s crane, A-Frame and shipboard winch will be the only equipment operated by the vessel’s crew. The vessel will be required to carry up to fifty (50) various mine-shaped ordnances (live or inert). The contractor will be responsible for installing a Government furnished deck roller and tow gimbal to the stern of the vessel that can be removable and interchangeable.

C-2.8.1 Government Furnished Equipment (GFE) Dimensions:

The Government intends to use the following equipment onboard the vessel. Government equipment will be under Government control and in Government custody for the period of use.

· Weight: 300lbs to 5,000lbs

· Dimensions: Smallest 3' x 2' x 3'; Largest 25' long x 30" diameter

· Shapes: Various mine shapes and sizes/Concrete Clumps

· Generators

· Lab (10 x 20, 10 x 10)

· Instrumentation Vans (8 x 20, 8 x 10 or 8 x 40 MILVAN)

· Project Winches

· Rigid Hull Inflatable Boat (RHIB)

· Remote Operating Vehicle (ROV) C-2.9 Seakeeping/Station Keeping:

C-2.9.1 The vessel shall have station-keeping ability during Remote Operating Vehicle operations and be able to maintain position within 10-15 meters of launch point for up to 3 hours in Sea State 3.

C-2.9.2 The vessel shall be capable of following a track line at 4 knots with a cross track error of + or – 3 meters in a Sea State 3 while towing various sonars or arrays.

C-2.9.3 The vessel shall be capable of launching a twenty-five foot Rigid Hull Inflatable Boat (RHIB) in up to a Sea State 3.

C-2.9.4 The vessel shall be capable of deploying and recovering inert or live mines and test instrumentation and objects within 3 meters.

C-2.10 Deck Equipment:

C-2.10.1 Crane and A-Frame: The Contractor shall provide a stern crane with a minimum reach capacity of 30 feet while lifting 4,000 lbs Safe Working Load (SWL). The reach must extend at least 5 feet outboard of the stern of the ship. A mobile crane is not acceptable. The Contractor shall also provide a removable A-Frame capable of lifting 5,000 lbs on the back deck of the vessel. The Crane and A-Frame must be weight tested and certified annually. The contractor must provide a trained and qualified operator(s). The A-frame shall have the following dimensions at a minimum:

Height above the deck 13 feet;

Width at the base 9 feet;

Crossbar width 7.6 feet;

SWL 5,000lbs; and

Reach of at least 10 feet beyond the stern of the vessel.

C-2.10.2 Winch with Capstan: The Contractor shall supply one winch with capstan rated at no less than 5 tons for various pulling operations such as towing or lifting objects to and from the vessel, ship moorings, or other similar applications. The Contractor will also supply required capstans and standard deck equipment required for mooring, anchoring, warping, and casting off.

C-2.10.3 Facilities: The vessel shall have the capability of having pad eyes installed on it for securing test equipment to the deck. The vessel must have an air-conditioned area on or near the ship’s bridge in which GFE tracking equipment will be installed. Vessel must also be capable of re-fueling (diesel) GFE generators on deck.

C-2.10.4 Hazardous Material (HAZMAT): The Contractor shall provide an Occupational Safety and Health Administration (OSHA) approved HAZMAT locker/cabinet and maintain a Material Safety Data Sheets (MSDS) file for all cleaning solutions, oils, hydraulics, greases and other HM material as required.

C-2.10.5 Fresh Water: The vessel shall supply 250 gallons of fresh water on the back deck daily for miscellaneous use.

C-2.10.6 Communication Equipment: The vessel shall have all required U.S. Coast Guard (USCG) and Federal Communications Commission (FCC) approved equipment, e.g., HF Radio and VHF Radio for a vessel of its class.

In addition to equipment required by the USCG, Vessel shall be equipped upon commencement of the Charter with the following minimum communications capability:

· Internet access to include commercial email capability.

C-2.10.7 Navigation Equipment: The vessel shall have radar capable of observing targets within a 30 mile range with a map overlay capability, an accurate fathometer, and station keeping ability in accordance with C-2.9. The vessel shall have standard equipment for safe navigation.

C-2.10.8 Electrical Power: The vessel shall provide 100 amp (60hz, 1ph/3ph) services for 110v, 208v, and 480v electrical power on the stern and 110v electrical power in the house of the ship.

C-2.11 Personnel:

C-2.11.1 Contractor Personnel: The Contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the normal working day and periods of underway time. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in operation of all of the Vessel's equipment. The Master, Officers, and entire crew shall be U.S. citizens, speak English, and possess valid and current certificates, licenses, and documents. The Master, Officers, and crew of this Vessel shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the direction of the Charterer as regards the employment of the Vessel but shall not be under Charterer's orders as regards navigation, care, and custody of the Vessel.

C-2.11.2 Licenses and Certificates: The vessel will be crewed to safely and efficiently operate the vessel, operate deck equipment and small boats, and perform mission operations on a 24-hour basis as described herein. Licensing, Standards of Training, Certification and Watchkeeping (STCW) endorsements, and documentation are required in accordance with USCG regulations as applicable to the vessel’s type, size, class, and service. The Master, officers, and crew shall possess valid and current licenses, certificates, and documents for the capacity in which each is employed. At all times while underway, the Contractor shall have at least one shipboard employee aboard who has USCG recognized first aid and CPR certification within the past 12 months. All transportation costs for crewmembers shall be to the Contractor’s account.

C-2.11.3 Transportation Worker Identification Credential (TWIC) Requirement: In accordance with 33 CFR 101, all crew members must possess a TWIC card and have the ability to obtain RAPID GATE credentials.

C-2.11.4 Conduct of Master Officers and Crew: If the Government shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint from the Contracting Officer, investigate the matter and, if necessary, make a change in personnel.

C-2.11.5 Operational Responsibilities: The Master of the vessel shall be responsible at all times for the safety of the vessel and all on board. The Master of the vessel shall be responsible for meeting overall schedule requirements. The Master of the vessel shall be under the direction of the Senior Government Official with regards to the employment of the vessel, but shall not be under orders in regards to safe navigation, care and custody of the vessel, and care and safety of equipment, gear, and persons onboard.

C-2.11.6 Functional Relationship: A healthy functional relationship between the Contractor personnel (officers and crew) and the Government is extremely critical. It is essential that the Contractor personnel and Government appreciate their individual responsibilities and dependence upon each other for attainment of the overall objective. A cooperative partnership between the two entities must be maintained at all times. The attitude of the partnership developed between the two must extend to and be shared by all concerned. Contractor personnel and Government shall jointly prepare for all operations concerning the vessel.

C-2.11.7 Irreconcilable Differences: Irreconcilable differences between shipboard personnel and the Government regarding operations or other matters arising under this charter shall be fully documented and reported, by letter, message, or E-mail as appropriate, to the Contracting Officer for resolution.

C-3.0 OPERATIONAL RESPONSIBILITIES

C-3.1 Deck Equipment Preservation: The Contractor shall ensure all deck equipment is maintained in a working condition at all times.

C-3.2 Operation of Systems: The Contractor shall operate all platform systems to provide main and auxiliary propulsion, navigation, maneuvering, deck operations, and services to the Government to support the mission equipment, the unit’s hotel services, and emergency operations.

C-3.3 Live Fire (Ammo/Mine) Handling and Operations: The ship’s crew will provide transportation, crane operation and serve as support personnel to supplement the Government’s certified ammunition handlers during ammunition loading and offloading operations. For the purposes of this contract, the ship’s crew shall be considered working party personnel in accordance with OPNAVINST 8023.24B dated 16 March 2010. The crew will not be required to obtain ammunition handling qualifications; however, they shall attend comprehensive safety briefs prior to their assignment as support personnel for ammunition handling operations. The crane operator, either crew- or Government-provided, shall be a qualified crane operator and must possess a certificate documenting this qualification.

C-3.4 Lifesaving Equipment/Drills: The Contractor shall operate all lifesaving support systems in accordance with manufacturer’s instructions at the time intervals and frequencies as required. Lifesaving support systems include, but are not limited to life rafts, davits, winches, and boat engines. The Contractor shall conduct all regulatory drills required. Government personnel will participate in all regulatory drills.

C-3.5 Vessel Modifications: The Government may modify the vessel to meet new or changing mission requirements at its discretion. The Government will either task the Contractor to perform the modifications, task the Contractor to subcontract for the modifications as a reimbursable item, or undertake the modifications itself. Any and all equipment put aboard as a result of the modifications will be GFE. All GFE will be removed prior to the vessel’s redelivery at the expense of the Government, unless otherwise agreed to. The Contractor may not modify the vessel without approval of the Contracting Officer. Any approved modifications will be fully tested and verified by the appropriate Government authority. Unforeseen structural modifications that are mission related and affect the vessel’s class or certifications may be required. The costs of Government directed modifications and the costs to restore the vessel to its original class or certification at award and as required by this contract shall be borne by the Government.

C-3.6 Sponsor Berthing/Living Spaces: Shipboard personnel will consist of 10 to 12 people. No more than four (4) personnel will occupy a stateroom. No special berthing arrangements are required beyond providing male/female segregation. Curtained-off bunks are acceptable.

C-3.7 Food Service/Snacks/Laundry for Government Personnel: The Contractor shall provide three (3) galley-prepared cafeteria style meals and hotel services for up to twelve (12) embarked Government/Contractor personnel when not in port (unless specifically requested). Food provided to the Government shall have the most reasonable attainable degree of variety, quality, quantity, and nutritional value. The cost of meals and hotel services for the 12 embarked Government personnel shall be included in the contractor’s fixed price. Meal items at a minimum shall consist of the following:

C-3.7.1 Breakfast – Eggs/omelets, breakfast meat (one), fruit, donuts, bagels or sweet rolls, toast, hot or cold cereal, fruit juice, coffee, soft drinks, tea, milk and bottled water.

C-3.7.2 Lunch – One sandwich type (hamburger, tuna salad, grilled cheese, etc); two entrees (of which one shall be hot and consist of meat); vegetables, rice/potatoes, coffee, soft drinks, tea, milk and bottled water.

C-3.7.3 Dinner – Three entrees (of which two shall be hot and consist of meat), vegetables, rice/potatoes, dessert, coffee, soft drinks, tea, milk and bottled water.

C-3.7.4 Snack Foods. The Contractor shall provide snack foods and bottled water for Government personnel. Snack foods shall include foods such as cheese and crackers, fresh fruit, peanut butter and jelly, cookies or brownies, popcorn, ice cream, potato chips, etc.

C-3.7.5 Food Service for Additional Government Personnel. The Contractor shall provide galley prepared food service for additional personnel not permanently assigned to the vessel. It is the responsibility of the Contractor to collect for these meals. Breakfast shall be reimbursed at a not-to-exceed price of (US) $5.00 and lunch and dinner at a not to exceed price of (US) $12.50.

C-3.7.6 Food Service Operations. The Master or the Sponsors medical officer shall conduct weekly inspections of food service spaces and equipment which shall be forwarded to the Master for review and signature. These completed forms will be kept in a file for a minimum of one (1) year and made available for inspection when requested by Government representatives. Periodic Quality Assurance (QA) Inspections of the food service operation will be conducted by Government representatives. These QA visits will include a sanitation inspection using NAVMED Form 6240/1. If the ship’s food service operation fails the sanitation inspection by receiving an unsatisfactory grade, the Government may direct the closing of the galley and secure food service operations until all discrepancies have been corrected. Alternate food service during this period of galley closure will be at the contractor’s expense. Daily and weekly cleaning of all food service operation spaces and equipment shall be done in strict accordance with CFP, ANSI and NSF standards. Provisions of COMSCINST 6000.1 (Series) and NAVMED P-5010 (Series) shall apply.

C-3.7.6.1 Food Handlers. All contractor personnel employed as food handlers shall meet the health and training standards set forth in NAVMED P-5010-1 and ensure they are free from any communicable diseases. All screening shall be documented in the food service employee’s onboard medical record and kept on file for all food service employees currently assigned. The contractor shall be guided by food handling instructions and precautions in accordance with COMSCINST 4000.2 (Series). COMSCINST 6000.1 (Series) and NAVMED P-5010.

C-3.8 Port Operations: The Government will provide all port services unless mission requirements dictate that port services should be procured from other ports that do not have a U.S. Government facility. The Government will reimburse the Contractor if the Government does not provide port services. The primary support point for the vessels is the berthing facilities at the NAVSUPPACT, Panama City, Florida. The nominal depth at the berths is 20ft. Shore power (480v / 240v 3 phase and 115v single phase), diesel fuel, potable water, and sewage/trash removal services are available.

C.3.9 Automated External Defibrillator (AED): The Contractor shall provide sufficient Automated External Defibrillator (AED) units for the vessel’s size and class. All AEDs must be FDA approved and be suitable for shipboard use. The vessel’s medical officer shall be trained to operate and maintain the AED. The AED shall be stored in a location ready for use to ensure that response time to shipboard medical emergencies does not exceed five minutes from any location on the vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

C-4.0 Information Assurance

C-4.1 Information Security (InfoSec). The Contractor shall implement InfoSec measures for its contractor furnished unclassified information technology system(s) used in performance of this contract. InfoSec measures shall be compliant with DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information. At a minimum, the security standards extracted from the referenced National Institute of Standards and Technology (NIST) Special Publication 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, or accepted equivalents, shall be incorporated into any InfoSec program the contractor establishes.

C-4.1.1 DFARS Compliance Certification. The contractor’s InfoSec measures shall be certified to be in compliance with DFARS 252.204-7012 by an accredited third party organization. The Contractor shall attain DFARS compliance certification within 60 days of commencement of performance under the contract, and shall maintain it continuously for the entire remaining period of performance. The Contractor shall notify the Contracting Officer within 24 hours if for any reason the certification is revoked. Costs associated with attaining and/or maintaining certification will not be reimbursed by the Government.

C-4.1.1.1Certification Documentation. The Contractor shall provide a copy of the third-party DFARS 252.204-7012 compliance certification to the Contracting Officer and COR(s) in accordance with the below schedule. The Government reserves the right to contact the certifying institution directly to obtain additional information or to confirm the validity of the certificate or certification process.

· Initial certification to be provided to the Government upon receipt.

· If base period is six months or less, the initial certification is considered valid for both the base and first option periods.

· Thereafter, the Government requires the contractor to submit annual recertification documentation no later than 14 days prior to end of current performance period, except if it is the last performance period of the contract.

C-4.1.2 Handling of Non-Public Information. In performance of this contract, the contractor may have access to DoD information not available to the general public or protected by public law or DoD policy. Such information includes but is not limited to: medical, proprietary, critical program information (CPI), personally identifiable information, and export controlled data. The contractor agrees to:

· Use and protect all such information from unauthorized disclosure IAW current Federal, DoD, and Navy instructions and regulations

· Return and/or electronically purge, upon Government request, any DoD information no longer required for contractor performance.

C-4.1.3 Remote Access to Government Networks. Use of public networks or computers (e.g., library, coffee shop) to access Government networks is strictly prohibited. Use of personally owned devices to access Government networks in support of this contract is permissible only if explicitly allowed by and addressed in the Contractor’s DFARS-compliant InfoSec policies.

C.4.1.4 Cyber Incident and Compromise Reporting. In addition to the reporting requirements contained in DFARS 252.204-7012, the contractor must immediately notify MSC of all cyber incidents or compromises, as defined in DFARS 252.204-7012(d)(2). The contractor shall also immediately notify MSC of all incidents involving classified information spillage onto unclassified networks or Personally Identifiable Information (PII) breaches. If immediate notification is not possible, then notification must be made no later than 24 hours after an incident has been identified or suspected. Initial cyber incident and compromise reports shall contain as much of the information required in DFARS 252.204-7012(d)(1) as can reasonably be provided in a timely manner. Submit initial and subsequent reports via encrypted email to all of the Government points of contact in the table below, as well as the COR(s). To the greatest extent practicable, MSC IA Ops and the COR(s) shall be copied on all correspondence with non-MSC Government agencies regarding reported incidents.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

SECTION J

LIST OF ATTACHMENTS

1. List of Government Furnished Property

2. Department of Labor Wage Determination

3. Basic Pricing Data

4. Form SF LLL

5. Past Performance Questionnaire

6. Past Performance Data Sheet

7. Vessel Minimum Requirements – Amendment 0001

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

SECTION L

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-1

DEADLINE FOR RECEIPT OF QUESTIONS FROM PROSPECTIVE OFFERORS

Offerors requesting additional information or clarifications relating to this solicitation shall submit their request in writing by email to James Wood at james.wood4@navy.mil. Requests must be received no later than 2:00 PM, Washington, D.C. local time, 10 calendar days prior to the closing date of the RFP, otherwise questions may not be answered prior to the solicitation closing. All questions will be answered by a question and answer document posted to FedBizOps. No telephonic responses will be provided.

L-2

NUMBER OF OFFERS

Offerors shall make one (1) complete offer for each proposed vessel.

L-3

SUBMISSION OF OFFERS

L-3.1 Offers must be submitted by mail or hand delivery only (including commercial express delivery services) and should be enclosed in a sealed envelope. The offeror's name and address should appear in the upper left hand corner and this envelope should be enclosed in another envelope properly addressed as indicated below.

L-3.2 Address for submission of offers is as follows:

Military Sealift Command

914 Charles Morris Court, SE, Building 157

Washington Navy Yard, DC 20398-554035

Attn: Mr. Richard Lee Anderson, Code N1031/PM2

L-3.3 Neither telegraphic, facsimile, nor offers submitted by electronic mail will be considered.

L-3.4 Offerors must submit the information required below on two (2) Compact Discs (CD) that are compatible with Microsoft Office 2010. The first CD shall contain the Solicitation Package, Past Performance Data, and Price Proposal (see below for specific requirements). The second CD shall contain the Technical Proposal (see below for specific requirements).

L-3.5 Offers shall not contain classified material. Any portion of an offer which the offeror considers business sensitive should be clearly marked as such in accordance with FAR 52.215-1.

L-3.6 Access to the Navy Yard, where MSC is located, is restricted. Offerors, couriers, and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed proposals may encounter unpredictable and lengthy routing delays. In all cases, offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission.

L-3.7 With respect to FAR 52.215-1(d), unless offeror inserts a shorter period in Block 12, Standard Form-33 (SF-33), 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.

L-3.8 Final Proposal Revisions (FPRs) shall be submitted via electronic mail, proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed SF-33 and any amendments (which must be included in a proposal as scanned .pdf files), and the price proposal (which must be submitted in Microsoft Excel format). 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.

L-3.9 For treatment of late proposals or modifications of proposals, see FAR 52.215-1. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for final proposal submission. 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 in accordance with FAR 15.208(b).

L-4

SOLICITATION PACKAGE

Offeror shall ensure the following information is submitted:

(1) Proposal Cover Letter that includes:

(i) The solicitation number, the name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(ii) 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;

(iii) The names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(iv) 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.

(v) 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:

Identity of current owner

Current nation of registry

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

Name and position of signatories to such contract or option

Offeror shall provide documentation corroborating such certification if requested by the Contracting Officer, to include, but not limited to, copies of any contracts or agreements to purchase or lease such vessel(s).

(2) SF-33 (page 1 of the RFP) with blocks 12 through 18 completed (signed and dated). Failure to submit a signed and dated SF-33 may result in rejection of the offer.

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

(4) Attachment 4, Standard Form SF-LLL, “Disclosure of Lobbying Activities.”

(5)

RESERVED

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

(7) Collective Bargaining Agreements (CBAs). If applicable, provide current documents that are signed and dated by the parties. The terms of the CBA between the contractor and the union are neither considered to be a part of the contract nor form the basis of any claim or request for equitable adjustment (REA).

(8) SCA Certification: The offeror must certify that it will comply with the Service Contract Act and Department of Labor Wage Determination (Attachment 2) in performance of this contract, should they apply.

(9) Completed Specialtime Boxes. Offerors shall provide Specialtime Boxes identifying the vessel and providing the offeror’s DUNS, CAGE, and TIN. Offerors shall complete and provide Boxes 7-12, 21, 23-37, 39-40, 42-57, 59, and 61-63 from Section B of this solicitation.

(10) RESERVED

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

(i) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));

(ii) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(iii) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

(iv) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15);

(v) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).)

(vi) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(vii) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

L-5

PRICE PROPOSAL

The Offeror’s price proposal shall consist of a completed Attachment 3. The offeror must certify that the wages and fringe benefits contained in its offer meet, at a minimum, the wage and fringe benefits levels contained in the Department of Labor Wage Determination (Attachment 2).

L-6

PAST PERFORMANCE DATA

6.1 Offerors are requested to provide information on up to three (3) previous Government contracts whose effort is/was recent and relevant to the effort required by this solicitation.

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

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

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

6.1.2.2 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.

6.1.2.3 Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

6.2 A Past Performance Data Sheet (Attachment 6) is requested to be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

6.3 For each of the contracts the offeror describes in a Past Performance Data Sheet (Attachment 6), the offeror is requested to provide a Past Performance Questionnaire (Attachment 5) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email the completed Past Performance Questionnaire (Attachment I) BEFORE THE DUE DATE FOR PROPOSALS directly to James Woods, e-mail: james.wood4@navy.mil.

6.4 The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

6.5 All offerors…