RFP_for_N62387-15-R-5417.doc

21 July 2015 This is the Military Sealift Command, Strategic Sealift Program Support Office, N1033, 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-5417

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 Support Office, N1033, 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-5417

6. Solicitation Issue Date: 21 July 2015

7. For Solicitation Information: Lorrie Leedy at 202-685-6309 or e-mail at lorrie.leedy@navy.mil

8. Offer Due Date: 21 August 2015 at 1300 hours local time, Washington DC.

9. Issued By: Military Sealift Command, Sealift Program Support Office, N1033, 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 U.S. or Foreign flag, clean, approved, double hull tanker, capable of carrying a minimum of 35,000 bbls (about 4,500 LT) for up to three clean petroleum products (intentions JP5, F76, JA1) in designated cargo tanks with double valve isolation and with the following minimum particulars:

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

b) Under the Cargo Preference Act of 1904, preference will be given to U.S. Flag Vessels.

c) Vessel must be party to the SIRE system and provide a current Q-88 with offer (no more than 60 days old). Q-88 box 9.12 must list date and major for whom SIRE inspections were performed.

d) At the date of this offer for this charter there must be a SIRE report on the vessel which has been registered in the revised SIRE register less than six months old. Owners must confirm acceptances received and/or retained by the vessel since the last sire report and that the Vessel has not been rejected or refused by SK Energy small tanker berth in Ulsan, or any Charterer since the inspections leading to the said SIRE report. Vessel must have current vetting approval from at least two major oil companies (e.g. Shell, BP, Exxon, Total etc.). Vessel must have at least one Sire inspection which is less than 6 months old at all times during the performance of this contract.

e) Vessel(s) must possess current ISM Certification and International Ship Security and Safety Management Certificates.

f) Vessels’ age shall be less than 15 years for the duration of the charter.

g) Require segregated ballast tanks (SBT)

h) Maximum LOA 106 Meters.

i) Minimum SOA 10 knots.

j) Vessel to have a minimum 3 ton boom for lifting cargo hose at the manifold.

k) Vessel(s) must have the ability to carry one complete, undecanted, tank washings in dedicated slop tanks.

l) Ability / equipped to mechanically clean, mop, dry cargo tanks within three days between cargoes during performance of the charter when required.

m) Ship must hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance/inspection. Any tanks adjoining cargo tanks to be inspected must be clean and gas free.

n) 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.

o) Contractor shall provide (Owner's account) a certified Marine Chemist to certify tanks safe for entry for internal tank inspection by Government / Charterer Representatives.

p) Upon delivery vessel(s) must be gas free and safe for entry. Where a prior cargo contains a known toxic composition such as gasoline or naphtha (or other compounds evaluated on an individual basis), the vessel(s) will perform at their expense, the necessary toxicity screens by an appropriate authority, i.e. Certified Marine Chemist, Certified Industrial Hygienist. The test information on oxygen levels, flammability levels, toxicity, visuals, date and time will be recorded on a Log of Inspections and Tests to include the Testing Instrument Used and Signature of the Competent Person performing the tests. All toxicity/flammability assessments will be performed in the presence if the inspecting QAR.

q) Vessel must provide Certificates of Quality for petroleum products or MSDS and Certificate of Analysis if any of the three cargoes are 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:

i. 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.

ii. 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.

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

s) If vessels’ cargo tanks have heating coils, provide the coil type or composition (such as stainless steel, copper, etc.), date that the heating coils were last pressure tested, and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for the duration of this charter. Vessel tanks with copper or yellow metal compounds are normally not acceptable for jet fuel cargoes.

t) If vessels’ 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.

u) The vessel(s) 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

v) Master to submit the 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.

w) Vessel(s) must report fully loaded with bunkers when they submit their notice of readiness at port of delivery.

x) Vessel must meet all MSC requirements for reporting. Vessel shall provide position/status reports in-port and at-sea every six (6) hours daily at 0000, 0600, 1200, and 1800 hours GMT (Zulu) and 72/48/24/12 hr. pre-arrival notifications for all ports to Area Command and COMSC PM51.

2. PLACE/RANGE OF DELIVERY:

Japan/ Korea in chop (Intention Korea)

3.

PLACE/RANGE OF REDELIVERY:

Japan/ Korea in chop

4. CHARTER PERIOD:

60 day firm period.

5. LAYDAYS:

COMMENCING: 04 September 2015

CANCELLING: 05 September 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:

Reynaldo.MacAwili@fe.navy.mil

Michael.Depolo@fe.navy.mil

Munenori.Endoh.ja@fe.navy.mil

Sealogfe.cdo@fe.navy.mil

WNYD_HQTANKERS@navy.mil MSCHQ.BWC.FCT@navy.mil

DESC-BIT@DLA.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. (a) Replace first sentence in paragraph (a) to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror (See Note (1) below) whose technically acceptable proposal with acceptable past performance represents the lowest price to the Government.

NOTE (1): It is emphasized that as an integral part of the award selection a responsibility determination of the offeror will be made in accordance with FAR Part 9.104. Within this determination, the Government will only consider an offeror responsible if it presents a viable, continued capacity to fully provide the contracted services in accordance with the charter, regardless of operating conditions (e.g., conflict or contingency operations). This will be determined using the factors shown in FAR Part 9.104, to include: 1) experience, 2) operational controls, 3) technical skills, 4) satisfactory performance record, and 5) ability to comply with required delivery schedule."

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, offerors 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) 08

(B) 08

(C) 24

(D) 20

(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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