N62387-15-R-5415_0002.docx

N62387-15-R-5415

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

BLOCK 14 CONTINUATION PAGE

1. The solicitation requirements have changed, and the due date for proposals has been revised. Prospective offerors who have not yet submitted a proposal in response to this solicitation may do so. Offerors who have previously submitted proposals must reaffirm the proposal, but are not required to resend the proposal in its entirety. Offerors may reaffirm proposals via email to Jay Standring (jay.standring@navy.mil) and John Fiddelke (john.fiddelke@navy.mil).

2. C-3.1.B is revised such that one or two ATB/ITB meeting the stated requirements may be proposed and accepted.

3. The minimum vessel particular at C-3.1.C.15 is changed from--

“Shall be able to machine wash cargo tanks, as applicable, while underway.”

To--

“Shall be able to machine wash cargo tanks, as applicable, while underway or in port.”

4. The minimum vessel particular at C-3.1.C.16 is changed from—

“Shall be able to clean, mop, dry and inert cargo tanks within three (3) days notice by the Government during performance of the charter when required.”

To—

“Shall be able to clean, mop, dry and inert cargo tanks at sea or in port within three (3) days notice by the Government during performance of the charter when required.”

5. The minimum vessel particulars at C-3.1.C.17 & C-3.1.C.18 apply to tankers only, but not to ATB/ITB.

6. Attachment K (Vessel Minimum Requirements) is updated to Version 2 to reflect items 2, 3, 4, & 5 above. The new version also corrects the minimum SOA for Option 2 to 10 knots.

7. At Section L-3.2, Submission of Offers, the point of contact for receipt of proposals is changed to John Fiddelke, N1033/PM3B.

8. Section M-1 is revised such that the Government may make award to one or more acceptable offers.

9. The following provision is incorporated into Section K by full text: 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.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 17-Dec-2014 02:00 PM to 05-Feb-2014 02:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-1 DEFINITIONS AND ACRONYMS.

C-1.1 AEL – Allowance Equipage List

C-1.2 Alterations — Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure

C-1.3 Associated Equipment — Construed to include all contractor-furnished or owned equipment necessary for performance under this Charter

C-1.4 ATO – Anti-Terrorism Officer (same as Vessel Security Officer and Force Protection Officer)

C-1.5 AT/FP – Anti-Terrorism/Force Protection

C-1.6 Bbl — Barrel (42 U.S. gallons volume measure)

C-1.7 CAGE — Commercial and Governmental Entity Code (reference DFARS 252.204-7001)

C-1.8 CBR-D – Chemical, Biological and Radiological Defense

C-1.9 CBR-DO – Chemical, Biological, and Radiological Defense Officer

C-1.10 CEC — Contractor Establishment Code

C-1.11 CFE — Contractor-furnished equipment

C-1.12 CFR – Code of Federal Regulations

C-1.13 Charter – This document when executed; interchangeable with “contract” and “Charter Party”

C-1.14 Charterer — The United States of America

C-1.15 Charter Party — This document when executed; interchangeable with “contract” and “Charter”

C-1.16 Charter Party Date — Identified in Box 28 of SF-33

C-1.17 CHOP – Charterer’s Option

C-1.18 Classification Society – Non-governmental organizations or groups of professionals, ship surveyors and representatives of offices that promote the safety and protection of the environment of ships and offshore structures.

C-1.19 CMWWD – Counter Measures Water Wash Down System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using ship’s fire main system, when activated, provides 360 degree (ideally) sea water curtain protection, mitigating the effects of CBR attacks. Also used to wash contaminants from ship’s structure after a CBR attack.

C-1.20 COMSC — Commander, Military Sealift Command

C-1.21 COMSCINST — COMSC Instruction

C-1.22 CONSOL — Also known as Underway Replenishment wherein– Cargo consolidation that is done at sea, underway where the tanker will transfer cargo fuel to a Naval Auxiliary while underway via cargo hoses sent from an oiler. This requires special fittings on the tanker to be able to receive the hose via highline.

C-1.23 Contracting Officer — Identified in G-1

C-1.24 Contractor — Interchangeable with “Owner”

C-1.25 COR – Contracting Officer’s Representative – a person authorized by and responsible to the Contracting Officer as specified in a written authorization.

C-1.26 Crew — Of the Vessel identified at Box 7

C-1.27 CSF – Consolidated Storage Facility

C-1.28 Decontamination Station – An area of the ship (near entrances from the weather decks) with features for crew decontamination

C-1.29 DLA-Energy — Defense Logistics Agency-Energy (Formally Defense Energy Support Center (DESC))

C-1.30 DFARS — Department of Defense FAR Supplement

C-1.31 DoD — Department of Defense

C-1.32 DSS – Defense Security Service

C-1.33 DWT – Deadweight

C-1.34 EDI – Electronic Data Interchange

C-1.35 EST – Embarked Security Team, normally 15-person force, U.S. Navy or other

C-1.36 FAR — Federal Acquisition Regulation

C-1.37 FCC — Federal Communications Commission

C-1.38 FOS — see “Full Operational Status”

C-1.39 Ft – foot / feet

C-1.40 Full Operational Status — Vessel manned and provisioned, all Associated Equipment operational, and Vessel prepared in all respects to perform her mission in accordance with this Charter, whether or not so ordered

C-1.41 FPCON – Force Protection Condition

C-1.42 FPCON NORMAL –This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

C-1.43 FPCON ALPHA – This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

C-1.44 FPCON BRAVO – This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

C-1.45 FPCON CHARLIE – This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent. Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

C-1.46 FPCON DELTA – This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

C-1.47 FP Officer (FPO) – Same as Vessel Safety Officer/VSO and Anti-Terrorism Officer/ATO.

C-1.48 GFE – Government Furnished Equipment

C-1.49 GFM – Government Furnished Material

C-1.50 GFP — Government-furnished property (see FAR 52.245-1 below)

C-1.51 GMDSS – Global Maritime Distress and Safety System – A system for automatic distress communications required by SOLAS Chapter IV.

C-1.52 Government — The United States of America; interchangeable with “Charterer”

C-1.53 Government Personnel or Government Sponsored Personnel — All embarked personnel not employed by the Owner, including military personnel and Government-employed civilians

C-1.54 Government Designated Representative — Including, but not limited to, force protection personnel, military, government employees, and government contractors

C-1.55 HAZMAT – Hazardous Material

C-1.56 Heavy Weather — Conditions of gust winds of Beaufort Force 5 and above

C-1.57 hp — horsepower [1 hp equals 0.745799 kW]

C-1.58 Idle – Inport at anchor and/or alongside berth loading cargo (no cargo pumps workings)

C-1.59 IMO – International Maritime Organization, a UN regulatory body that issues SOLAS rules from its Maritime Safety Committee

C-1.60 INMARSAT – International Maritime Satellite

C-1.61 ISO – International Organization for Standardization, an international-standard-setting body composed of representatives from various national standards organizations

C-1.62 ITOPF — International Tanker Owners Pollution Federation Limited

C-1.63 km — kilometers

C-1.64 kW — kilowatts [1 kW equals 1.34 horsepower (hp)]

C-1.65 LT — Long Ton (2,240 pounds weight)

C-1.66 LOA – Length Overall

C-1.67 m — meter

C-1.68 m3 — cubic meter

C-1.69 Master — Of the Vessel identified in Box 7

C-1.70 Moderate Weather – Conditions up to sustained winds of Beaufort Force 5 (any day during which sustained winds of Beaufort Force 5 or above are encountered for more than six hours shall not be considered a “moderate-weather” day for purposes of fuel or speed warranties made under this Charter)

C-1.71 MSC — Military Sealift Command

C-1.72 MSC Norfolk – Military Sealift Command Norfolk

C-1.73 MSCDC –Military Sealift Command D.C.

C-1.74 NMCARS — Navy Marine Corps Acquisition Regulation Supplement

C-1.75 NM — Nautical Miles

C-1.76 OCIMF — Oil Company International Marine Forum

C-1.77 Owner — That entity or entities exercising commercial control of the Vessel identified in Box 7; interchangeable with “Contractor” and “offeror” and to include the disponent Owners and all the ship owner’s and the disponent Owner’s agents, employees, independent contractors, Master, Officers, and crew

C-1.78 P&I — Marine protection and indemnity insurance

C-1.79 Paying Office — Identified in Box 25 of SF 33

C-1.80 Performance Speed — Derived by dividing the total hours at sea on any given sea passage (as shown in the Vessel’s log) — after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation – into the total miles at sea on the given sea passage.

C-1.81 Place — Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

C-1.82 Psi — pounds per square inch (pressure measure)

C-1.83 QAR/QR – DLA-E Quality Assurance Representative. Person who inspects ship cargo spaces for suitability to carry cargo and cargo for compliance with DoD quality specifications.

C-1.84 Readiness — See Section H-7 below

C-1.85 RFP — Request for Proposals; interchangeable with solicitation

C-1.86 RSDL – Reactive Skin Decon Lotion

C-1.87 SDWT — Deadweight capacity, to assigned summer mean draft

C-1.88 Ship fill Allowance — The allowance of ammunition for the ships permanently installed armament. Ship fill ammunition does not include ammunition held for issue to other activities.

C-1.89 SIRE — Ship Inspection Reporting System — Database of ship OCIMF vetting inspections

C-1.90 SOA – Speed of Advance

C-1.91 SOLAS – The International Convention for Safety of Life at Sea, as amended. An international treaty issued by the Maritime Safety Committee of IMO which covers a wide range of measures designed to improve the safety of shipping.

C-1.92 SWL — Safe Working Load

C-1.93 TEU — Twenty-foot equivalent unit (container volume measure)

C-1.94 TIN — Taxpayer Identification Number (see FAR 52.204-3 below)

C-1.95 USCG — United States Coast Guard

C-1.96 Vessel — Identified at Box 7. If multiple vessels are identified in Box 7, the occurrence of the term “vessel” throughout this Charter Party and any attachments thereto shall be interpreted to apply to each vessel individually, unless otherwise specified.

C-1.97 VSO – Vessel Security Officer (same as ATO/Anti-Terrorism Officer and Force Protection Officer/FPO)

C-1.98 WOG — Without guaranty

C-2 MISSION.

C-2.1 Mission. The Vessel will be employed primarily in support the Department of Defense, Logistics Agency Energy (DoD/DLA-Energy) in the worldwide transportation of petroleum products. The Vessel will primarily be expected to operate in, but not limited to, the US East Coast/Gulf Coast region.

C-2.2 RESERVED.

C-2.3 Place/Range of Delivery. U.S. EAST COAST/ GULF COAST CHARTERER’S OPTION.

C-2.4 Place/Range of Redelivery. U.S. EAST COAST/ GULF COAST CHARTERER’S OPTION.

C-2.5 Charter Period. 59 months total with base and all option periods. Base period of 12-months with three (3) 12-month option periods and one (1) 11-month option period.

C-2.6 Lay days. 01 October 2015 - 30 December 2015, to be narrowed bilaterally to a 5-day window 60 days prior to delivery to MSC.

C-3 VESSEL REQUIREMENTS.

C-3.1 Vessel Specifications/Capability.

A. One clean, double hull tanker or ATB/ITB with Inert Gas System (IGS) and Segregated Ballast Tanks (SBT) that is capable of carrying 190,000 BBLS (approximately 25,100 long tons (LT)) of at least three clean petroleum products (intentions F76, JP5, JP8 or JA1) in designated cargo tanks with double valve isolation. Vessel shall have a minimum SOA of 12 knots;

OR

B. One or two clean, double hull ATB/ITB with IGS and SBT that are capable of carrying a minimum of 145,000 BBLS each (approximately 19,100 LT) and maximum 190,000 BBLS (approximately 25,100 LT) combined of at least three clean petroleum products (intentions F76, JP5, JP8 or JA1) in designated cargo tanks with double valve isolation. Vessels shall have a minimum SOA of 10 knots:

C. In addition, vessel(s) shall have the following minimum particulars:

1. Shall be US Flag, Jones Act compliant

2. Shall have a maximum age of 15 years throughout the life of the charter

3. Shall be MARPOL/OPA-90 compliant.

4. Shall be SOLAS approved for non-coastwise voyages (intention Guantanamo, Cuba).

5. Shall comply with all applicable United States Coast Guard (USCG) regulations.

6. Shall have 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 time of award. Vetting approvals shall be maintained for the life of the contract.

7. Shall be a party to the SIRE System

8. Shall have a SIRE report that is less than 6 months old at all times during the performance of this contract.

9. Shall maintain current ISM Certification (SMC) and International Ship Security Certificate for the vessel(s) for the life of the contract.

10. Shall not exceed a maximum LOA of 613 feet.

11. Shall not exceed a maximum beam of 90 feet.

12. Shall not exceed a maximum DWT 43,000 MT

13. Shall have the ability to load minimum 140,000 BBLS (assume JP5 with an average API of 43.1) while not exceeding a laden draft of 30 feet.

14. Shall have a maximum height of cargo manifold above water line (AWL) shall not exceed 50 feet.

15. Shall be able to machine wash cargo tanks, as applicable, while underway or in port.

16. Shall be able to clean, mop, dry and inert cargo tanks at sea or in port within three (3) days’ notice by the Government during performance of the charter when required.

17. Shall be able to carry one complete, undecanted tank washings in dedicated slop tanks. (Tanker only, requirement does not apply to ATB/ITB)

18. Shall be able and equipped to call at offshore petroleum facilities. (Tanker only, requirement does not apply to ATB/ITB)

19. Shall be able and equipped to perform cargo operations pierside.

20. Shall be able and equipped to perform cargo operations at anchorage (e.g. ability to procure adequate fendering).

21. Shall be free of copper and copper alloys (brass, bronze, etc.) in compartments, pipelines, heating coils, fittings, etc. as it is not permitted in vessels chartered by MSC to carry petroleum products, unless vessel possesses a current DLA – Energy waiver.

22. Vessel tanks with copper or yellow metal compounds are not acceptable for Jet Fuel cargoes.

23. Coal tar coating is not an acceptable internal coating for vessel cargo tanks. Vessel(s) shall have coatings that are compatible with the fuel to be carried.

24. Shall have received acceptable ratings for its Certificate of Quality for the vessel’s last three cargoes.

25. If any of the vessel’s last three cargoes contained Fatty Acid Methyl Esters its cargo tanks shall be cleaned and conditioned in accordance with the guidance in accordance with Energy Institute HM50.

26. Shall 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.

27. Shall be fully bunkered when presented (NOR tendered).

C-5 FUEL OIL INVENTORY.

C-5.1 Fuel Monitoring Reports. A fuel oil inventory report shall be submitted to the Government on the 5th day of every month (for the previous month) using the Navy Energy Usage Reporting System (NEURS). Report shall be prepared in accordance with OPNAVINST 4100.11 and include the following information:

a. Bunkers at the beginning of each month.

b. Bunkers at the end of each month.

c. Fuel received during the month and source, receipt, document number and date of receipt.

d. Fuel consumed during the month.

C-5.2 Fuel Consumption Reports. A fuel consumption report/abstract shall be submitted to the Government on the 1st day of every month (for the previous month). 30 days prior to delivery of the vessel, the Government will provide an abstract form in EXCEL format to the Contractor that shall be used when submitting the monthly Fuel Consumption Report/Abstract. Contractor shall not make changes to the form or formulas in the spreadsheet.

C-5.3 Report Submission. The above fuel oil reports (Monitoring and Consumption) shall be recorded daily and submitted monthly using the Navy Energy Usage Reporting System (NEURS), per ALMSC 192334ZNOV03 (provided upon request). Reports and data collected shall be prepared and submitted in accordance with OPNAVINST 4100.11 via e-mail to the COMSC PM3, Strategic Sealift Program; an e-mail address will be provided upon award.

The Contractor shall include, with the submitted reports, a statement certifying the accuracy of the data contained therein as a true and exact copy of Vessel deck and engine log books.

C-6 PERSONNEL AND FACILITY SECURITY CLEARANCES. The Contractor is required to have a facility clearance at the Secret level with the capability to store classified information up to the secret level to include a GSA approved Class 6 document safe that has an approved electronic combination locking device and approved shredder capable of destroying documents classified up to Secret in accordance with DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM). The Master, Chief Mate, and any additional officer (deck or engineering) shall have a completed investigation comparable to at least a National Agency Check and adjudication indicating eligibility for access to SECRET. It is the Owner's responsibility to submit requests for security clearances in the proper format and in a timely manner prior to assignment to the program based on Defense Security Service (DSS) guidance. Both Personal and Facility Clearances must be in place at the start of Contract performance and be maintained throughout the life of the Contract. See DD-254, "Contract Security Classification Specification," Attachment D, for other security requirements.

C-7 SHIP MANAGEMENT

C-7.2.1 Prior Cargoes.

1. Naphtha/condensates: Mercaptan sulphur, reported in “parts per million” (ppm) or “mass percent”, or Doctor Test (ASTMD 4952).

2. Gasoline (Motor or Aviation): State whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

C-7.2.1.3 If cargo is carried by the vessel in the 30-day period between when the last three cargo Certificates of Quality are submitted to the Government and when the vessel is delivered under the contract, the Owner shall submit Cargo Quality Certificates to the Contracting Officer for review upon completion of loading the cargo. Rejection by DLA-Energy Quality Assurance due to cargo non-compatibility would be grounds for cancellation of the contract at no cost to the Government.

C-7.2.2 Upon delivery in accordance with paragraph F-1, all cargo tanks designated for cargo carriage and adjacent tanks, including slop tanks, shall be clean and be ready to receive lawful cargo.

C-7.2.3 Vessel must report fully loaded with bunkers when they submit their notice of readiness at port of delivery in accordance with H-14.1.

C-7.3 Drydock. Owner, at its expense, shall drydock, clean and maintain the Vessel's bottom and propeller, and make all overhaul and other necessary repairs properly to maintain the Vessel in class, maintain the Vessel in compliance with F-2 (Condition) above and the warranties of H-38, and otherwise to keep the Vessel tight, staunch, and strong, and in thoroughly efficient order and condition. For such purpose of drydock, Charterer shall allow Vessel to proceed to an appropriate port upon 60 days' prior notice to the Contracting Officer. All towage, pilotage, fuel, gas-freeing if required, water, and other expenses incurred while proceeding to and from drydock shall be for Owner's account.

C-7.3.1 Suspension of Hire. In case of dry docking, pursuant to C-7.3, at a port where Vessel is to load, discharge, or bunker under Charterer's orders, hire shall be suspended from the time the Vessel receives free pratique on arrival, if in ballast, or upon completion of discharge of cargo, if loaded, until Vessel is again ready for service. In case of drydocking at a port other than where Vessel loads, discharges or bunkers, payment of hire shall cease from the time of deviation until the Vessel is again ready and in a position not less favorable to the Charterer than that at which such deviation occurred.

C-7.4 All tank cleaning during the term of the contract will be for the account of the contractor.

C-7.5 Redelivery. The Vessel, at the termination of this Charter, shall be returned to the Owner by the Charterer with tanks in like condition, excepting normal wear and tear.

C-7.6 Delivery Schedule. In the event that the delivery schedule submitted with an offer and included in the Contract is delayed enough to compromise the timely delivery of the vessel, the Contractor shall notify the Contracting Officer of the delay.

C-7.7 Upon award of this contract, the Contractor shall immediately notify all contractor personnel, who are or who will be employed by, or who are or who will be accompanying, United States Naval Forces outside the continental United States (OCONUS), and who are not a host country national ordinarily resident in the host country, that such personnel, and any dependents residing with such personnel, who engage in conduct OCONUS that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States as required by the Military Extraterritorial Jurisdiction Act of 2000, Pub. L. 106-523, 114 Stat. 2488, codified at 18 U.S.C. 3261 – 3267, as implemented by DoD Instruction 5525.11, “Criminal Jurisdiction over Civilians Employed by or accompanying the Armed Forces outside the United States.” Reference is made to Secretary of Defense memo dated 10 March 2008; “UCMJ jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations.”

C-7.8 Delay in Providing Information . Any delay resulting from the Owner’s failure to provide any of the information described above within the prescribed time frames shall result in a corresponding increase in the time afforded to the Charterer to accept delivery of the Vessel, if such information is required prior to delivery.

C-7.9 Owner shall hot wash all vessel 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.

C-8 EQUIPMENT

C-8.1 Communications. The Contractor shall ensure that the Vessel configuration and equipment meets the Regulatory Body Distress/Ship requirements of the U.S. Coast Guard (USCG), Federal Communications Commission (FCC), International Maritime Organization (IMO); and International Convention for the Safety of Life at Sea (SOLAS), 1974 as amended.

The Contractor shall also meet the following MSC specific requirements:

C-8.1.1 Communications Space and Equipment. As previously described in C-3.2.6, the Vessel shall be equipped with a separate, suitable, and securable communication space designated and equipped for the Government to operate and maintain special communications equipment. The space, at a minimum shall have adequate square footage in which Contractor-furnished and MSC-furnished equipment can be operated and maintained, estimated to be twenty square feet.

(a) The Contractor shall provide:

(1) One INMARSAT Fleet Broadband 500 terminal.

(2) MF/HF Transceiver(s); can be included in an integrated GMDSS console.

(b) The Government will provide, and the Contractor shall accommodate, Secure Communications devices.

(c) Department of Defense General Service (GENSER) Messaging. The Vessel shall be capable of transmitting and receiving GENSER messages. Classified and unclassified GENSER message traffic is controlled by a personal computer based system.

(d) Radiotelephone Services. The Vessel shall be capable of radiotelephony over terrestrial and satellite circuits in the VHF, HF, MF bands as described in COMSCINST 2000.2 Series.

(e) Secure Communications. The Vessel shall be capable of supporting secure (encrypted) communication equipment by complying with DOD and DON guidance on proper access, handling and disposition of classified material. The Contractor shall comply with physical security requirements in the following publications:

(i) DOD Manual 5220.22-M (Industrial Security Manual for Safeguarding Classified Information) and DOD 5220.22-S (COMSEC supplement)

(ii) SECNAVINSTs 5510.30 Series and 5510.36 Series

(iii) COMSCINST 2280.3 Series

(b) Communications Administrative Services. The Vessel shall have standard office furniture necessary to support communications administrative functions in accordance with the procedures described in COMSCINST 2000.2 Series. These include a telephone connection to the interior communications system, and a safe . The safe shall be a GSA approved container, multi-drawer (2) , class 6 document safe, with an approved electronic combination locking device (X-09).

(c) Communications Training. The Contractor shall ensure that those mariners performing the communication duties on board ship successfully complete the following courses:

(i) Electronic Key Management System (EKMS). Masters and any other mariners serving as Electronic Key/Local Element Managers shall successfully complete the MSC sponsored shoreside EKMS / Local Element course which concentrates on COMSCINST 2280.3 (series) policy regarding safeguarding and/or destroying classified material and maintaining safe combinations in accordance with Section C-1.5.2.4 (Secure Communications).

(ii) Masters and any other mariners serving as Operator’s of MSC installed computer systems such as the PC-PC Transfer System shall successfully complete the MSC sponsored shoreside PPTS course of instruction which concentrates on COMSCINST 2000.1 (series) regarding sending and receiving GENSER naval messages and official e-mail through MSC networks.

(iii) Information Awareness (IA) training. As required by DoD, any person (ashore or afloat) given access to a NMCI U.S. Government computer shall annually attend the latest version CD DoD Information Awareness training, and other cyber security training as directed by COMSC.

(d) Logs and Files. The Vessel shall have standard office equipment necessary to maintain communications logs as required by regulatory bodies and COMSCINST 2000.2 Series.

C-8.2 Navigational Equipment. The Vessel shall be equipped, upon commencement of the Charter, with the navigational equipment required by the USCG.

C-8.3 Automated External Defibrillator (AED). The Contractor shall provide sufficient AEDs, 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. AEDs must be FDA approved and be suitable for shipboard use. The Vessel’s Medical Department Representative shall be trained to operate and maintain the AED.

C-9 LOADING AND DISCHARGING

C-9.1 General Loading and Discharging. The whole reach and burden of the Vessel shall be at the disposal of the Charterer, reserving only proper and sufficient space for Vessel’s Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate all the Vessel’s cargo handling equipment simultaneously. The Vessel shall work night and day.

C-9.2 Cargo Quantity Limitation. In no case shall the cargo exceed what the Vessel can reasonably stow and carry, in the judgment of the Master, over and above the space and burden necessary for Vessel’s Officers and crew, her cabin, tackle, apparel, furniture, provisions, fresh water, stores, necessary ballast and fuel.

C-9.3 Detention or Standby. If by reason of the Owner’s failure to use diligence to keep the Vessel in a thoroughly efficient state of hull, machinery, equipment, personnel, and other particulars relating to the seaworthiness of the Vessel, the Charterer incurs cost of stevedoring detention or standby time in connection with the loading or discharging of cargo, such costs shall be for the account of the Owner, provided, however, the Owner shall not be liable for such costs unless the period of detention or standby time exceeds 20 minutes. The Charterer, within 24 hours after the period of detention or standby time commences, shall give the Owner or its representative written notice of the detention or standby time.

C-9.4 Lighterage. Lighterage, if any, will be at the risk and expense of the Charterer, except as otherwise provided herein. For each evolution when scheduled, Owner shall obtain spill prevention booms for use during lightering operations and adequate fendering for alongside operations and be able to lighter (skin to skin) from another tanker. Contractor shall arrange oil spill protection and cleanup. Any items used by contractor herein are reimbursable.

C-9.5 Terminal Worker Damage. The Charterer’s liability for damages caused by the tortuous or wrongful acts and omissions of government officials, personnel, and employees, including government terminal workers, is governed by Federal law. Nothing in this charter waives, or should be interpreted as a waiver, of the sovereign immunity of the United States.

Before submitting a claim or a request for equitable adjustment under the terms of the Disputes clause of this contract, see FAR 52.233-1 (Alt I), for damage or loss caused by governmental terminal workers, the Contractor shall exhaust its administrative remedies for the tortuous or wrongful acts or omissions of government officials, personnel, and employees. Any claim or request for equitable adjustment seeking reimbursement for loss or damage to property based on the negligent or wrongful acts of government officials, personnel, or employees, submitted to the Contracting Officer for consideration or adjudication under the terms of the Dispute clause not previously presented to the authority based on tort concept, may, in the sole discretion of the Contracting Officer, be returned to the Contractor without action or forwarded to the authority responsible for the adjudication of claims brought against the United States based on tort concepts as a matter under its cognizance.

C-9.6 Injurious Cargoes. No injurious cargoes, including acids that are injurious to the Vessel, are to be shipped.

C-9.7 Carriage of Non-Clean Products. The Charterer shall have the right to carry dirty petroleum products excluding crude oil at any time during the currency of this Charter Party and also the right to change from dirty petroleum products to clean petroleum products any time during the currency of this Charter Party, it being understood that any time and expense involved in cleaning the tanks to carry clean petroleum products after carrying dirty petroleum products shall be for the Charterer’s account, except that any additional cleaning required by reason of carrying a higher grade of cargo which can normally be done by the crew and/or with the Vessel’s equipment shall be for the Owner’s account. It is also understood that this paragraph does not alter the responsibilities of the parties with respect to the condition of the tanks on delivery and redelivery as contained in C-7.

C-9.8 Oil/Water Interface Point. The Vessel shall establish, immediately upon completion of loading and immediately prior to discharge, either by manual or electronic means, the oil/water interface point in all cargo tanks and record such readings in Vessel’s logs.

C-9.9 Ballast Discharge. The Vessel shall be capable of discharging ballast while loading cargo and of taking on ballast while discharging.

C-10 GOVERNMENT PERSONNEL. Notwithstanding any restrictions in this charter party to the contrary, Owner agrees to embark and berth, using permanent or temporary living quarters, a maximum of five (5) Government personnel, including supercargo and armed force protection personnel as provided for under the Force Protection clause. In the event complying with this requirement exceeds the Vessel’s Certificate of Inspection (COI), Owner will advise the Charterer and agrees to make reasonable efforts to obtain all appropriate waivers so as to allow the Vessel to carry such additional personnel. If Owner is unable to obtain the necessary waivers, Owner shall notify the Charterer immediately. The cost of any additional lifesaving equipment shall be for Owner’s account. The cost of berthing and victualling the Government personnel will be reimbursed at a not to exceed rate of $30 per day.

C-11 CADET. The Owner shall participate in programs for Merchant Marine Cadets for training of engine and deck cadets under the sponsorship of the U.S. Merchant Marine Academy and all accredited state maritime schools. Vessel(s) must be capable of accommodating a maximum of two cadets at all times. Available positions shall be distributed as equally as possible among the requesting schools. The carriage of cadets shall not interfere with the carriage of personnel assigned by the Government on either a temporary or permanent duty basis. Subsistence, quarters, and training (as required by the cognizant school) shall be provided by the Owner. Cadet wages shall be paid by the Owner and reimbursed by the Government, but cadet wages shall not exceed the rate set forth in 46 CFR. Cadet transportation costs shall be paid by the Owner and reimbursed by the Government, but shall not exceed the rate set forth in applicable DoD travel regulations.

C-12 GOVERNMENT INSPECTION. The Vessel is subject to survey by a Government-identified surveyor and to inspection for suitability by other Government personnel, as specified in Section E.

C-13 CHARTERERS INSTRUCTIONS. The Charterer shall furnish the Master with all requisite instructions and sailing directions in writing, including COMSC Instruction 3121.9A, “Standard Operating Manual,” as revised. The Master shall exercise due diligence to observe all such orders and instructions of the Charterer in respect of the Charterer’s employment of the Vessel’s services. Reports required of the Vessel include, without limitation, the following:

a. Movement reports (see COMSCINST 3123.5 (series), and COMSCINST 3121.9 (series));

b. Pre-arrival reports (see COMSCINST 3121.9 (series));

c. Casualty reports (see COMSCINST 3121.9 (series));

d. Tanker reports (see COMSCINST 3121.9 (series)); and

e. Defense Readiness Reporting System – Navy (DRRS-N) (see COMSCNOTE 3501)

f. Monthly cost estimates for port expenses for the current month no later than the last working day of that month.

g. Monthly sea passage abstract (electronic version acceptable in EXCEL format) no later than one (1) day after the end of the previous month.

h. Fuel Monitoring Reports (detailed in Section C-5.1)

i. Fuel Consumption Reports/Abstracts (detailed in Section C-5.2).

C-14 RESERVED.

C-15 DELIVERABLES.

C-15.1 The following documents, which must be under the Contractor’s name as owner and the vessel under U.S. flag, shall be submitted to the Government 30 days prior to delivery of the vessel:

a) Document of Compliance (DOC)

b) Certificate of Inspection (CG 841)

c) Current Q88 (Not more than 60 days old)

d) Certificate of Quality for last three (3) cargoes

e) Radio frequencies, telephone numbers, and other means of communicating with the Vessel

C-15.2 Reports and Documentation. The Master shall make regular reports to appropriate MSC Area Commander in regards to all matters that affect readiness to get underway. Equipment casualties, fuel consumption and personnel problems affecting the Vessel’s readiness shall be reported. The Vessel shall arrive on-station with a complete set of operating instructions, books, and technical manuals.

C-15.3 Reserved.

C-15.4 Reserved.

C-15.5 Reserved.

C-15.6 Master to submit the attached MONTHLY VOYAGE ABSTRACT form on a monthly basis and emailed to WNYD_HQTANKERS@NAVY.MIL no later than the 1st day of the month following the month of performance. For time charters that complete prior to the end of the month, the report must be received no later than two calendar days after completion of charter (off-hire). Entries must start with the date the ship presents NOR and is accepted on hire. All columns must be completed as noted. Pull down menus for columns C, X and Y are the only comments to be used. Built in macros/formulas are not to be altered.

C-16. 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-16.1. 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-16.1.1. Certification 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.

C-16.2. 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:

C-16.3. 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-16.4. 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

SECTION J

SECTION J – LIST OF ATTACHMENTS

ATTACHMENTS TITLE

A Government Furnished Property and Directives (GFP)

B Basic Pricing Data – Option 1

C Basic Pricing Data – Option 2

D Crew Complement

E DD Form 254, Contract Security Classification Specification

F Wage Determination

G SF LLL, Disclosure of Lobbying Activities

H RESERVED

I Past Performance Data Sheet

J Past Performance Questionnaire

K Vessel Minimum Requirements, v2 (via Amendment 0002)

L Technical Subfactor 2

M Mission Essential Contractor Services Plan (MECSP) Worksheet

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

DFARS 252.209-7992, REPRESE...

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW—FISCAL YEAR 2015 APPROPRIATIONS

(DEVIATION 2015-OO0005) (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)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION L

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1 RESERVED

2 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 John Fiddelke at john.fiddelke@navy.mil and Jay Standring at jay.standring@navy.mil. Requests must be received in the office designated below by 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 or an amendment. No telephonic responses will be provided.

3 Submission of Offers

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.

3.2 Address for submission of offers is as follows:

Military Sealift Command 914 Charles Morris Court, SE, Building 210 Washington Navy Yard, DC 20398-5540 Attn: Mr. John Fiddelke, Code N1033/PM3B

3.3 Neither telegraphic, facsimile, nor offers submitted by electronic mail will be considered. NOTE – Electronic proposal revisions will be allowed.

3.4 Offerors must submit the information required in Sections L-4 to L-7 on two Compact Discs (CD) that are compatible with Microsoft Office 2010. The first CD shall contain the Solicitation Package, Past Performance Data, and Price Proposal. The second CD shall contain the Technical Proposal.

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.

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.

3.7 Offers must arrive prior to the date and time in Box 9, SF-33.

3.8 With respect to FAR 52.215-1(d), unless offeror inserts a shorter period in Block 12, 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.