N62387-15-R-5117_RFP.docx

15 May 2015

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

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Subj: RFP N62387-15-R-5117

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-5117

6. Solicitation Issue Date: 15 May 2015

7. For Solicitation Information: Kurt Oberg, e-mail: kurt.oberg@ navy.mil or call (202) 433-4488

8. Offer Due Date: 20 May 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:

One clean, approved U.S. or foreign flag double hull tanker with IGS and SBT that is capable of carrying from an Arabian Gulf Port to Diego Garcia a minimum of 65,000bbls of at least two grades fuel oil within vessels natural segregation (Intentions RME-180) with the following minimum particulars:

a) Vessel to maintain load temp of 135 degrees Fahrenheit, not to exceed 160 degrees Fahrenheit.

b) There is a classified requirement in conjunction with this RFP that may eliminate offerors. Offerors who are affected will be given the opportunity during discussions to read/address this requirement provided that affected offerors have appropriate security clearances in place. Offerors not affected will not have a need to know about the requirement regardless of appropriate security clearances being in place."

c) Under Cargo Preference Act of 1904. Preference will be given to US Flag.

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

e) At the date of offer for this charter there must be a SIRE report on the vessel which has been registered in the SIRE register which is less than 6 months old at all times during the performance of this contract.

f) Owners must confirm acceptances received and/or retained by the vessel since the last sire report.

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

h) Owners must confirm vetting approval from at least two major oil companies (e.g. Shell, BP, Exxon, Total etc.), provide date of vetting and name of major, at least one vetting being less than 6 months old at the time of the offer.

i) Owner must provide valid copy of vessel’s current ISM/SMS Certification.

j) Owner must provide valid copy of vessel’s International Ship Security Certificate.

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

l) Vessel must have Segregated Ballast Tanks (SBT)

m) Vessel must have Inert Gas System (IGS).

n) Vessel must have a minimum SOA of 13 knots.

o) Vessel must provide vessel stowage plan for intended cargo.

p) Vessel must provide vessel itinerary detailing vessel movements from offer to arrival laydays.

q) Vessel must hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection. All cargo tanks must be free of loose rust, previous cargo residues and films (including dyes), significant salt deposits and other impediments that could impact the quality of the cargo to be loaded.

r) Vessel must 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 if the inspecting QAR.

s) The use of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, fittings, etc. is not permitted in vessels chartered by MSC to carry petroleum products, unless vessel possesses a current DESC waiver.

t) If vessel cargo tanks have heating coils, provide the coil type or composition (such as stainless steel, copper, etc.), date that the 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 normally not acceptable for Jet Fuel cargoes.

u) If vessel cargo tanks are internally coated, 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.

v) Vessel must provide 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.

w) Vessel must provide documentation that certifies whether or not the last three cargoes carried contained FAME (Fatty Acid Methyl Esters). In the event any of the cargoes did contain FAME, vessel owners/operators must provide certification and support documentation that vessel cargo tanks were cleaned / conditioned in accordance with the guidance in Energy Institute HM50.

x) 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.

y) 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.

2. CARGO:

MINIMUM 65,000 BBLS MRE-180

3. LOAD PORT:

ONE ARABIAN GULF PORT (PORT WILL BE DECLARED BY FPR)

PORT RESTRICTIONS (WOG):

4. DISCHARGE PORT(S):

DIEGO GARCIA

PORT RESTRICTIONS (WOG):

5. ROUTE: NA

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) SEALOGCENT.OWO@ME.NAVY.MIL

3) SHANNON.WELLS@ME.NAVY.MIL

4) WNYD_HQTANKERS@NAVY.MIL

5) MSCHQ.BWC.FCT@NAVY.MIL

6) DESC-BIT@DLA.MIL

7) Reynaldo.Macawaili@FE.NAVY.MIL

8) MUNENORI.ENDOH.JA@FE.NAVY.MIL

9) MICHAEL.DEPOLO@FE.NAVY.MIL

10) WYND_HQTANKERS@NAVY.MIL

11) CTF73.BATTLE.WATCH@FE.NAVY.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