RFP_N62387-15-R-5116.docx

30 March 2015

This is the Military Sealift Command, Strategic Sealift Program Management Office, Washington, DC

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Subj: RFP N62387-15-R-5116

Ref: (a) SF 1449

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

This acquisition is being conducted under FAR 13.5 Test Program for Certain Commercial Items.

MSC Strategic Sealift Program Management Office, Code PM34, 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 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.

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N62387-15-R-5116

6. Solicitation Issue Date: 30 March 2015

7. For Solicitation Information: LT Oliver Queen, Jr., e-mail: oliver.queen@ navy.mil or call (202) 685-5380

8. Offer Due Date: 02 April 2015 at 1100 hours local Washington DC time.

9. Issued By: Military Sealift Command, Strategic Sealift Program Management Office, PM34, Bldg. 210, Rm. 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540, (Code: N62387) FAX: (202) 685-5852

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, MSC Worldwide DC ANY (MAY 2013).

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 and 52.212-5 are incorporated by full text.

B. PART I - TANKVOY BOXES:

1. VESSEL(S) REQUIRED:

a) One clean, approved U.S or foreign flag, double hull tanker with IGS and SBT that is capable of carrying a minimum of 310,000 BBLS for at least two clean petroleum products (intention F76), in designated cargo tanks with double valve isolation and with the following minimum particulars:

b) Under Cargo Preference Act of 1904, preference will be given to US Flag.

c) Vessel must be a party to the SIRE System and owner must provide a current Q-88 with offer (no more than 60 days old). Q-88 must detail current acceptances and dates of inspection.

d) Owner must provide date of last SIRE report on the vessel which has been registered in the revised SIRE register. This SIRE report must be less than 6 months old at all times during the performance of this contract.

e) Owner must confirm that the vessel has not been rejected or refused by any Charterer since the inspections leading to the said SIRE report.

f) Owner must confirm vessel has vetting approval from at least two oil majors providing date of vetting and name of major, at least one vetting approval must be less than 6 months old at the time of the offer.

g) Vessel’s age shall be less than 15 years for the duration of the charter.

h) Vessel must be Double Hull with Segregated Ballast Tanks (SBT).

i) Vessel must have an Inert Gas System (IGS).

j) Owner must provide a copy of vessel’s current ISM / Safety Management Certification.

k) Owner must provide a copy of vessel’s current International Ship Security Certificate.

l) Owner must provide vessel stowage plan demonstrating vessel’s ability to load intended product

m) Vessel must submit pre-vetting questionnaire through CEPSA Web at http://www.cepsa.com/corporative/pages/c421-eng.htm?idi=2

n) Owner must confirm vessel’s minimum SOA of 13 knots.

o) Owner must provide vessel itinerary from offer to arrival laydays.

p) Owner must confirm vessel’s ability to hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection.

q) 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 / Charterer representative. Contractor will provide time needed to re-inert after inspection. If a prior (last and next to last) cargo contained a percentage of benzene, Owner’s Certified Marine Chemist must also measure toxicity for Benzene content and certify safe for entry. All safe for entry / toxicity / flammability assessments will be performed in the presence of the inspecting QAR.

r) Owner must confirm vessel is free of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, fittings, etc.

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

t) Owner must provide, if vessel cargo tanks have heating coils, 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.

u) Owner must provide, if vessel cargo tanks are internally coated, 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.

v) Owner must provide copies of Certificates of Quality for vessel’s 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.

w) Owner must confirm whether or not the last three cargoes carried contained FAME (Fatty Acid Methyl Esters).

x) Owner must confirm, in the event any of the vessel’s last three cargoes did contain FAME, that vessel cargo tanks were cleaned / conditioned in accordance with the guidance in accordance with Energy Institute HM50.

y) Owner must confirm that vessel is 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.

z) 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.

2. CARGO:

MINIMUM 310,000 BBLS F76

3. LOAD PORT:

SITRA, BAHRAIN (intentions to load min 310,000 BBLS F76)

PORT RESTRICTIONS (WOG):

4. DISCHARGE PORT(S):

JEBEL ALI, UAE (intentions to discharge min 240,000 BBLS F76)

PORT RESTRICTIONS (WOG):

DFSP FUJAIRAH, U.A.E. (intentions to discharge min 70,000 BBLS F76)

PORT RESTRICTIONS (WOG):

6. LAYDAYS:

7. TERMS AND CONDITIONS/ ATTACHMENTS ADDED, DELETED OR MODIFIED:

ADD: PART II (T) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

ADD: PART II (U) 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEC 2014)

ADD: V (a) POSITION REPORTS: To be sent to the e-mail addresses as follows:

1) LAWRENCE.DOWSING@ME.NAVY.MIL

2) KIRKLAND.MATTHEWS@ME.NAVY.MIL

3) SEALOGCENT.OWO@ME.NAVY.MIL

4) SHANNON.WELLS@ME.NAVY.MIL

5) WNYD_HQTANKERS@NAVY.MIL

6) MSCHQ.BWC.FCT@NAVY.MIL

7) DESC-BIT@DLA.MIL

PART VI: MODIFY TO READ: FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2015): Checked clauses remain unchanged.

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

52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)—CHECKED

52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014)—NOT CHECKED

52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEC 2014) – NOT CHECKED

AMEND (5) 52.204-11, AMERICAN RECOVERY AND INVESTMENT ACT – REPORTING REQUIREMENTS TO READ RESERVED

AMEND (8) PROHIBITION IN CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS TO READ RESERVED.

MODIFY PART VI (ix) 52.222-50 COMBATTING TRAFFICKING IN PERSONS (FEB 2009); ALTERNATE I (AUG 2007) - CHECKED

AMEND PART VIII (b) (8) TO READ AS FOLLOWS; DFARS 252.204-7012, SAFE GUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013); - CHECKED

PART VIII(b)(12): MODIFY TO READ: DFARS 252.215-7008 ONLY ONE OFFER (OCT 2013)

ADD: PART VIII(b) (21) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013); CHECKED.

PART VIII(3)(5): DFARS 252.222-7007, REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS

PART X(c): MODIFY 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.”

PART XIII: AMEND TO READ: FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS, (MARCH 2015) ALTERNATE 1 (OCT 2014) http://www.acquisition.gov/far/current/html/52_212_213.html

PART XIII: ADD: DFARS 252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS. (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

C. PART X. INSTRUCTIONS TO OFFERORS

Offerors shall use the guidelines set forth in Part X for submission of offers; however, at a minimum, offers must contain the following:

- Completed (MAR 2015) FAR 52.212-3 and Alternate 1 Representations and Certifications

- (DFARS 252.212-7000 and DFARS 252.212-7001 – Reserved.

- Completed (JUL 2013) FAR 52.209-7 – Information Regarding Responsibility Matters

- Completed (DEC 2014) Representation By Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law-Fiscal Year 2015 Appropriations (DEC 2014)

- Acknowledgement of all terms and conditions of MSC TANKVOY 2013 (Rev 1 (10-13)) and the RFP

Note: Unsigned offers will not be considered for award.

- 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.

Offerors must be registered in the System for Award Management Registration (SAM) in order to be considered for award. To comply: provide a DUNS number with your offer. This number is required to verify registration and in order to register in SAM. The DUNS 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. The successful offeror must provide electronic funds payment information to the office identified in Part VI.

SIGNED: KENNETH D. ALLEN, CONTRACTING OFFICER, MSC, N1033