RFP_for_N62387-15-R-5412_25Day_Tank_Time_Charter.doc

29 MAY 2015

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

MARKET SURVEYS, RFPS, 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 N62387-15-R-5412

Ref:

(a) SF 1449

(b) MSC TANKTIME 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 PM3, 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.

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N62387-15-R-5412

6. Solicitation Issue Date: 29 May 2015

7. For Solicitation Information: Rachael Knapp at 202-685-5078 or e-mail at Rachael.knapp@navy.mil

8. Offer Due Date: 02 June 2015 at 1000 hours local time, Washington DC.

9. Issued By: Military Sealift Command, Sealift Program Management Office, PM51, 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 (6) WAWF Submit electronic invoices IAW WAWF contract clause, MSC Worldwide DC ANY (MAY 2013).

18b. Submit invoices to: SEE Part VIII(7) 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 attached.

B. PART I - TANKTIME BOXES:

1. VESSEL(S) REQUIRED:

One clean, approved U.S. or Foreign Flag, Ice Class, double hull tanker that is capable of carrying a minimum of 205,000 BBLS for at least two clean petroleum products (intention JP-8), in designated cargo tanks (excluding slops tanks) with double valve isolation and with the following minimum particulars:

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

b) 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.

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

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

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

f) Owner must confirm the vessel has current vetting approval from at least two major oil companies, one being less than 6 months old at the time of the offer.

g) Owner must provide a copy of the International Ship Security Certificate for the vessel.

h) Owner must provide a copy of the ISM/ Safety Management Certificate for the vessel.

i) Owner must confirm vessel is equipped with bow thruster.

j) Any additional premium required by the vessel’s Hull and Machinery insurers due to the vessel entering or remaining in any icebound area will be for the owners account.

k) Owner must provide vessel itinerary from date of offer up to arrival laydays including ETA Algeciras Spain.

l) Owner must provide vessel stowage plan showing capability of carrying 205,000 bbls JP8 with draft not to exceed 10.9 meters.

m) Vessel DWT must not exceed 60,000 MT

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

o) Vessel LOA must not exceed 213 meters.

p) Vessel age must be less than 15 years for the duration of the charter.

q) Vessel hull must be at a minimum ABS Ice Class B0 or another classification equivalent.

r) Vessel must have Segregated Ballast Tanks (SBT).

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

t) Vessel must have a minimum SOA of 13 kts.

u) Vessel must have a minimum 10 Ton (SWL) cargo handling crane.

v) 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.

w) 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.

x) 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.

y) If vessel cargo tanks have heating coils, provide the coil type or composition (such as stainless steel, copper, etc.). Vessel tanks with copper or yellow metal compounds are normally not acceptable for Jet Fuel cargoes. Owner must confirm 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.

z) 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.

aa) Owner must provide Certificates of Quality for last three petroleum products or MSDS and Certificate of Analysis if any of the three cargoes loaded aboard the vessel were chemical products. 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.

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

ac) 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.

ad) Owner must confirm vessel will 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 GMT 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. SLECARGO@EU.NAVY.MIL

2. SDO.SEALOGEUR@EU.NAVY.MIL

3. MSCHQ.BWC.FCT@NAVY.MIL

4. WNYD_HQTANKERS@NAVY.MIL

5. DESC-BIT@DLA.MIL

6. RICHARD.CALDWELL1@NAVY.MIL

7. BRIAN.HILL1@NAVY.MIL

2. PLACE/RANGE OF DELIVERY:

ALGECIRAS, SPAIN

3.

PLACE/RANGE OF REDELIVERY:

CHARTERER’S OPTION VICINITY BISHOP ROCK, UNITED KINGDOM OR EQUIVALENT DISTANCE.

4. CHARTER PERIOD:

About 25 days

5. LAYDAYS:

COMMENCING: 22 JUNE 2015

CANCELLING:

24 JUNE 2015

TERMS/CONDITIONS/ATTACHMENTS ADDED, DELETED OR MODIFIED:

MODIFY: Part I, boxes 14-16 – revised in their entirety to read as follows:

FOS

DELETE: Part I, box 17 - delete in its entirety MODIFY III(c) (1)(vi) by adding: Reports shall be sent to the following email addresses:

1. SLECARGO@EU.NAVY.MIL

2. SDO.SEALOGEUR@EU.NAVY.MIL

3. MSCHQ.BWC.FCT@NAVY.MIL

4. WNYD_HQTANKERS@NAVY.MIL

5. DESC-BIT@DLA.MIL

6. RICHARD.CALDWELL1@NAVY.MIL

7. BRIAN.HILL1@NAVY.MIL

MODIFY: IV(g)(4) – Add the following to the end of the paragraph: “All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the Owner provides written notice of the same to the Contracting Officer.”

DELETE: IV(k) – delete subparagraph (4) in its entirety.

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 boxes remain unchanged. 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; AMEND (5) 52.204-11, AMERICAN RECOVERY AND REINVESTMENT ACT – REPORTING REQUIREMENTS TO READ RESERVED; AMEND (8) PROHIBITION IN CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS TO READ RESERVED http://www.acquisition.gov/far/current/html/52_212_213.html MODIFY PART VI (ix) 52.222-50 COMBATTING TRAFFICKING IN PERSONS (FEB 2009); ALTERNATE I (AUG 2007) - CHECKED MODIFY 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).

PART VIII(b) (14): MODIFY TO READ: DFARS 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND AREA OF RESPONSBILITY (DEVIATION 2014-O0018)(JUL 2014) – NOT CHECKED

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

MODIFY PART VIII (3): MODIFY TO READ AS FOLLOWS; FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (SEP 2005) ALTERNATE I (SEP 2005) - CHECKED

PART VIII(3)(5): ADD: DFARS 252.222-7007, REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS AMEND PART X (b)(10): delete (10) in its entirety and replace it with the following: Past performance information shall include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

AMEND: X(c): AMEND 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.”

AMEND PART XI (d)(a): delete (a) in its entirety and replace it with the following: Past Performance. 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.

(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, offeors will be given the opportunity to address unfavorable reports of past performance.

(C) Offerors without a past performance history relating to this solicitation shall not be evaluated favorably or unfavorably on past performance.

MODIFY: X(n): MODIFY TO READ “RESERVED.”

MODIFY: XI(e) with the following:

(A) 13

(B) 05

(C) 04

(D) 03

(1) MGO/MDO

per metric ton

$ 1,047.76

(2) IFO-180

per metric ton

$ 671.38

(3) IFO-380

per metric ton

$ 665.41 MODIFY: XI(e), TANKTIME Box 92a to read as follows:

(number of) days in port idle/loading (TANKTIME Box 92a) PART XII: MODIFY TO READ: FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, (MARCH 2015) Alternate 1 (May 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) ADD: 52.222.56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror’s knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of provision)

C. INSTRUCTIONS TO OFFERORS

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

Information pursuant to Ref (b), MSC TANKTIME 2013 Rev 1 (10-13) TANKTIME BOXES pages I-1 through I-7, as applicable and at a minimum:

- Owners acknowledgement of all terms and conditions of the RFP and MSC TANKTIME

PROFORMA 2013 Rev 1 (10-13)

- INMARSAT #

- Call Sign

- IMO#

- Vessel year

- Vessel Flag

- Proposed laydays

- Charter Hire rate and fuel consumption in (metric tons) Signature of offeror or authorized agent

- Name, address, and telephone number of offeror

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), which stands for Contractor Performance Assessment Reporting System. Instructions to be provided post-award.

- A completed copy of Offeror Representations and Certifications – Commercial Items FAR 52.212-3 (MARCH 2015) (Parts XII and XIII, Ref (b)).

- A completed copy of (Jul 2013) FAR 52.209-7 – Information Regarding Responsibility Matters

- A completed copy of 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)

- Information pursuant to Part I boxes and Parts XII and XIII Representations and Certifications Evidence of International Safety Management (ISM) and International Shipboard Port Security (ISPS) compliance Note: failure to submit all required information as requested could result in your offer not being considered for award.

Signed: KENNETH D. ALLEN, Contracting Officer, MSC, N1033

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