N62387-15-R-5415_0004.docx

N62387-15-R-5415

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

BLOCK 14 CONTINUATION PAGE

This amendment revises the price proposal instructions/spreadsheets and price evaluation language. The primary purpose of these changes is to properly account for the difference between vessels with and without at-sea tank cleaning capability. The following changes are made to the solicitation:

1. Attachment B (Basic Pricing Data – Option 1) and Attachment C (Basic Pricing Data – Option 2) are both updated to Version 2. The new versions update Defense Logistics Agency Energy (DLA-E) standard fuel prices and correct a formatting error in the drop-down menus on the "Fuel Consumption Data" tab. Attachments B & C are also renamed to clarify that these forms are to be used in offers for vessels with at-sea tank cleaning capability.

2. Attachment H-1 (Basic Pricing Data – Option 1, In-Port Tank Wash) and Attachment H-2 (Basic Pricing Data – Option 2, In-Port Tank Wash) are added. These forms are to be used in offers for vessels requiring in-port tank cleaning. PLEASE NOTE: Offerors proposing such vessels must enter additional tank cleaning pricing information on the spreadsheets’ “Total Evaluated Price” tabs.

3. Section L-5 (Price Proposal) is revised to reflect the updated attachments discussed above.

4. Section M-2.4.2 (Evaluated Price) is revised to add and define the “In-Port Tank Cleaning Differential” and to clarify that both the In-Port Tank Cleaning Differential and existing Port Charges Differential are for evaluation purposes only.

5. The due date for proposals is extended.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 06-Feb-2015 04:00 PM to 10-Feb-2015 02:00 PM.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

SECTION J

SECTION J – LIST OF ATTACHMENTS

ATTACHMENTS TITLE

A Government Furnished Property and Directives (GFP)

B Basic Pricing Data – Option 1, At-Sea Tank Wash, v2 (via Amendment 0004)

C Basic Pricing Data – Option 2, At-Sea Tank Wash, v2 (via Amendment 0004)

D Crew Complement

E DD Form 254, Contract Security Classification Specification

F Wage Determination

G SF LLL, Disclosure of Lobbying Activities

H-1 Basic Pricing Data – Option 1, In-Port Tank Wash (via Amendment 0004)

H-2 Basic Pricing Data – Option 2, In-Port Tank Wash (via Amendment 0004)

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 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. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

3.9 For treatment of late proposals or modifications of proposals, see FAR 52.215-1.

4 Solicitation Package

Offeror shall ensure the following information is submitted:

4.1 A proposal cover letter that includes:

a) The solicitation number, the name, address, and telephone number of the Offeror (and electronic address if available);

b) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

c) The names, titles, and telephone number (and electronic addresses if available) of person(s) authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation; and

d) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

4.2 Offeror shall certify that it currently owns or is the bareboat charterer of the vessel(s) or has an irrevocable, legally enforceable right (e.g. contract or option) to purchase, bareboat charter or lease the vessel(s) proposed, for the duration of any charter awarded pursuant to this solicitation (including any extension thereto). Any such right to purchase, bareboat charter or lease the vessel(s) may be contingent upon receipt of award of a contract under this solicitation. In the event the offeror is not the owner or bareboat charterer of the vessel(s) at the time of submission of its offer, offeror shall provide as part of its proposal the following evidence of the legally enforceable right (e.g. contract or option) to purchase, bareboat charter or lease the vessel(s) proposed:

a) Identity of current owner

b) Current nation of registry

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

d) Name and position of signatories to such contract or option

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

4.3 Charter Boxes identifying the vessel and providing the Offeror’s DUNS, CAGE, and TIN and completed boxes 7-97 from the Charter Boxes section of this solicitation.

4.4 Standard Form 33 (page 1 of solicitation) with blocks 12 through 18 completed (signed and dated). Failure to do so may lead to rejection of the offer.

4.5 Section K, "Representations, Certifications and Other Statements of Offerors" must be completed by the Offeror. Any items that are not applicable should be marked "N/A."

4.6 Attachment G, Standard Form SF-LLL, “Disclosure of Lobbying Activities”, if applicable.

4.7 Complete copy of DD Form 254, Contract Security Classification Specification (Attachment E).

4.8 Corporate Viability. Offeror shall furnish evidence of adequate financial resources to perform the contract or the ability to obtain such resources equivalent to 45 days of charter hire.

4.9 Collective Bargaining Agreements (CBA). If applicable, provide copies of current documents that are signed and dated by the parties.

4.10 Mission-Essential Contractor Services Plan. In accordance with DFARS 252.237-7023 and 252.237-7024, all offerors shall submit a Mission-Essential Contractor Services Plan. Offerors shall submit a completed copy of Attachment M, Missions Essential Contractor Services Plan Worksheet.

4.11 Small Business Subcontracting Plan. In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and FAR 52.219-9 may be evaluated as part of Past Performance in future source selections. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

4.12 Offeror shall submitted a completed Attachment D, Crew Complement.

5 Price Proposal

The Offeror’s price proposal shall consist of a completed Basic Pricing Data attachment appropriate to the vessel(s) proposed:

· Attachment B (if offeror is proposing a Vessel with at-sea tank washing capability to meet the Option 1 requirement)

· Attachment C (if offeror is proposing Vessels with at sea tank washing to meet the Option 2 requirement)

· Attachment H-1 (if offeror is proposing a Vessel requiring in-port tank washing to meet the Option 1 requirement

· Attachment H-2 (if offeror is proposing Vessels requiring in-port tank washing to meet the Option 2 requirement.

In all cases, the offeror must certify that the wages and fringe benefits contained in its offer meet, at a minimum, the wage and fringe benefits levels contained in the Department of Labor Wage Determination (Attachment F).

6 Past Performance Data

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

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

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

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

ii. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS.

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

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

6.3 For each of the contracts the offeror describes in a Performance Data Sheet (Attachment I), the offeror is requested to provide a Past Performance Questionnaire (Attachment J) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email the completed Past Performance Questionnaire (Attachment J) BEFORE THE DUE DATE FOR PROPOSALS directly to John Fiddelke, e-mail: john.fiddelke@navy.mil. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

6.4 All offerors are required to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet (Attachment E). In addition, large businesses shall address historical compliance with the requirements of FAR Part 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements) in the Past Performance Data Sheet (Attachment I).

7 Technical Proposal

Offeror shall submit the following information in the technical proposal:

7.1 Vessel Plan. The contractor shall submit a General Arrangement Plan and a Capacity Plan. This is to include cargo piping diagram, pump room or pumping arrangements and tank capacities. (plans to be provided on CD ROM).

7.2 Copy of current International Ship Security Certificate for vessel under current flag.

7.3 Copy of current Safety Management Certificate for vessel under current flag.

7.4 Evidence of Vessel’s most recent USCG/ABS inspections within 12 months.

7.5 If Vessel’s cargo tanks have heating coils; provide the type or composition (such as stainless steel, copper, etc.), date that the heating coils were last used and pressure tested, and the results of the test (passed or failed).

7.6 One reproducible set of the ship’s capacity and stowage plans (1/16th inch to the foot scale) and one set of Ship Characteristics Cards (OPNAV Form 9010/2).

7.7 A practicable schedule for delivery of the Vessel.

7.8 Complete Attachment (K) (Technical Subfactor 1 – Vessel Minimum Requirements) for each vessel offered to meet either Option 1 or Option 2. By warranting its vessel(s) meet the requirement, an offeror guarantees it will comply with the referenced requirement.

7.9 Complete Attachment L (Technical Subfactor 2 – Minimum Technical Experience Requirement).

7.10 Technical Subfactor 3 – Quality Management System. Offeror must warrant it meets, or will meet by start of contract performance, the requirements of C-7.1, Quality Management System. If an offeror does not currently have the required systems in place it will provide a narrative describing how it will have these required systems in place by vessel delivery.

8 RESERVED.

9 Cost or Pricing Data.

Prior to contract award, the Contracting Officer may require submission of certified cost or pricing data, in accordance with FAR 52.215-20, Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data.

10 Pre-Award Survey of Vessel

As part of a technical pre-award survey the Government reserves the right to inspect the offeror’s proposed vessel(s) and associated equipment prior to award, which may include a two-hour speed trial to evaluate warranted speed and fuel consumption figures. Such acceptability inspection shall not be conducted for the purpose of determining whether one offeror’s proposed vessel(s) is superior to another, but only to determine that the offered vessel(s), as set forth in the proposal, meets the acceptability standards in the solicitation. If, upon inspection of the vessel, the Government determines that the offered vessel(s) does not meet the acceptability standards, the vessel(s) will be found technically unacceptable.

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION M

SECTION M - EVALUATION FACTORS FOR AWARD.

1 BASIS FOR AWARD

The Government will evaluate offers on a Lowest Price, Technically Acceptable basis in accordance with FAR 15.101-2. The technical factors and past performance will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation. One or more award(s) will be made to the offeror(s) with the lowest evaluated price proposal(s) and acceptable past performance whose offer(s) conform fully to the solicitation requirements and meets the acceptability standards for all non-price factors including a classified requirement. In order to be considered for award, an offer must receive an acceptable rating in every non-price factor/subfactor.

The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

2 EVALUATION FACTORS

2.1 In selecting the lowest price technically acceptable offer, the following factors will be considered:

TECHNICALLY ACCEPTABLE / UNACCEPTABLE RATINGS:

PAST PERFORMANCE RATINGS – ACCEPTABILITY:

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

2.2 Factor 1: Technical. All proposals will be evaluated to determine technical acceptability based on the minimum technical requirements of the solicitation and conformance to the terms and conditions of the solicitation. Offerors must provide supporting information as described in Section L.

2.2.1 Technical Subfactor 1: Vessel Minimum Requirements. Proposals will be evaluated to determine that the proposed vessel(s) meets the requirements of Sections C, as provided for in Attachment (K) and other items submitted as part of the technical proposal.

2.2.2 Technical Subfactor 2: Minimum Technical Experience Requirements. Offeror’s information provided in Attachment (L) demonstrates it has experience operating ocean going tankers or ITB/ATB with a capacity of 145,000 BBLS capacity or greater for a minimum of three continuous years in the last 10 years.

2.2.3 Technical Subfactor 3: Quality Management System. Offeror warrants it meets (or will meet) the requirements of C-7.1, Quality Management System (QMS) prior to vessel delivery.

2.3 Factor 2: Past Performance. The past performance evaluation will assess the offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Report System (ESRS), other databases, questionnaires and interviews.

(1) The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the PWS, the source of the information, the context of the data and general trends in the offeror’s performance and any associated risk.

(2) The Government will consider the extent of the offeror’s ability to perform a previous contract successfully in the areas of; (a) quality of product or services; (b) timeliness or scheduling of supplies/deliveries; (c) business relations/customer satisfaction; and (d) key personnel and staffing (including subcontractors).

(3) The Government will consider the company itself, predecessor companies, key personnel who have relevant experience and subcontractors who will perform major or critical aspects of the requirement.

(4) For all offerors, the Government will consider historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns).

(5) The Government reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Government reserves the right to contact references for verification or additional information and the right to consider other relevant past performance information. The Government may call customers, whether or not provided by the offeror, to inquire about the offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds with the information provided by the offeror. The burden of providing thorough and complete past performance information remains with the offeror.

(6) In accordance with FAR 15.305(a) (2) (iv), an offeror without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance.

2.4 Factor 3: Price

2.4.1 General. Price analysis techniques will be used to determine price reasonableness. Materially unbalanced offers may not be considered for award.

2.4.2 Evaluated Price. The offer will be evaluated using the total evaluated price as determined in Attachment B or H-1 (for Option 1) and Attachment C or H-2 (for Option 2). Each offeror’s price proposal will be evaluated for reasonableness and to determine whether pricing is materially unbalanced.

(1) A Port Charges Differential will be added to the proposal price to properly assess the different port charges cost between Option 1 and Option 2. The applicable Port Charges Differential is shown in Attachments B & H-1 (for Option 1) and Attachments C & H-2 (for Option 2). The Port Charges Differential is an estimate for purposes of evaluation only.

(2) An In-Port Tank Cleaning Differential will be added to the proposal price for vessels without at-sea tank cleaning capability in order to properly compare pricing to vessels with at-sea tank cleaning capability. This differential will equal the estimated direct cost of in-port tank cleanings for all contract periods, plus charter hire equivalent to the estimated time required for in-port tank cleanings. The In-Port Tank Cleaning Differential is shown in Attachments H-1 & H-2. The In-Port Tank Cleaning Differential is for purposes of evaluation only.

(3) Materially unbalanced pricing may cause a proposal to be unacceptable if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. In order to be considered for award, the proposed price must be determined to be fair and reasonable. If a delivery ballast bonus is proposed, the bonus shall not include any cost for capital improvements to the vessel, reflagging, drydocking, repair work, vessel modifications or other work necessary for performance of the contract.

2.4.3 Cancellation Fee. Cancellation fees will be analyzed for compliance with 10 U.S.C. 2401 and the cancellation clause in box 97.

2.4.4 All other rates proposed must be determined reasonable for the proposal to be eligible for award.

2.5 Compliance With Solicitation Requirements. Proposals will be evaluated to determine compliance with all of the Instructions, Conditions and Notices to Offerors contained in Section L of the solicitation including proposal submission requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and other information required by Section L of this solicitation. Proposals must provide unconditional assent to the material terms of the solicitation. In accordance with FAR 52.215-1, the Government may waive informalities and minor irregularities in proposals received.

3 RESERVED

4 NOTICE OF AWARD. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

5 AWARD WITHOUT DISCUSSIONS. Pursuant to FAR 52.215-1(f), Instructions to Offerors – Competitive Acquisition, the Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the LPTA proposal after evaluation in accordance with the factors in the solicitation. The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

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