RFP_15-R-5506.doc

06 May 2015 This is the Military Sealift Command, Strategic Sealift Program Management Office, Washington, DC

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Subj:

RFP N62387-15-R-5506

Ref:

(a) SF 1449

(b) MSC DRYTIME 2013 Rev 1 (10-13) This acquisition is being conducted under FAR 13.5 Test Program for Certain Commercial Items.

MSC Strategic Sealift Program Management Office, Code PM34, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available 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-5506

6. Solicitation Issue Date: 06 May 2015

7. For Solicitation Information: Krishana Wright at (202) 685-5820 or by e-mail at krishana.wright@navy.mil

8. Offer Due Date: 12 May 2015 at 1000 hours local Washington DC time.

9. Issued By: Military Sealift Command, Strategic Sealift Program Management Office, PM52, Bldg. 210, Rm. 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540, (Code: N00033) FAX: (202) 685-5852

10. This Acquisition is: UNRESTRICTED NAICS CODE: 483111

14. Method of Solicitation: RFP

18a. Payment will be made by: SEE Part VIII (4) WAWF Submit electronic invoices IAW WAWF contract clause, MSC Worldwide DC ANY (MAY 2013).

18b. Submit invoices to: SEE Part VIII (5) MSC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

27a. Solicitation incorporates by reference FAR 52.212-1(April 2014) and 52.212-4 (May 2014); 52.212-3 (March 2015) and 52.212-5 (April 2015) are incorporated by full text.

B. PART I - DRYTIME BOXES:

1. Vessel Requirements.

Request a U.S. or foreign flag, self-sustaining combination container/breakbulk vessel with the capability to lift containerized cargo, refrigerated containers, flatracks, breakbulk, hazardous cargo including ammunition, and rolling stock. For vessel without hydraulic hatch covers, ship’s crew will be responsible in Diego Garcia for removing, positioning, and replace hatch covers before, during and after cargo operations. The vessel maximum laden draft shall not exceed 35 feet. The vessel shall at a minimum accommodate four (4) supercargo in addition to the Master, Officers, and crew.

Vessel Specification/Capability. The Vessel shall meet the following specifications:

· Speed. The Vessel shall have a minimum Speed of Advance (SOA) of 13 Knots.

· Cranes. Vessel’s gear shall consist of at least two booms or cranes with a minimum of 30 LT SWL lifiting capacity at all hatches where twenty/forty foot containers are stowed and the capability of lifting 50 LT in tandem.

· Spreader Bars. Vessel must be equipped with twenty and forty foot spreader bars. Such spreader bars shall be supplied by the Vessel owner.

· Lashing. All lashing and securing gear for containers are to be provided by the Vessel owner.

· Deck Loading. Tank tops intended for stowage shall be designed to accommodate heavy vehicles, up to and including the M-1 tank with a uniformly distributed load of minimum 525 psf. These decks shall be capable of supporting the local loads imposed by such vehicles without recourse to mandatory parking patterns. These decks shall also be capable of supporting lighter vehicles with small footprints (which may impose more severe local loading and specific deck structures) such as fully loaded 2.5 ton trucks or forklift trucks. No grating is permitted on decks intended for cargo stowage.

Additional Vessel Specifications & Requirements

· MSD. The Vessel shall be fitted with a USCG –approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

2. Place / Range of Delivery:

Far East/Indian Ocean, Port in CHOP (Singapore)

3. Place / Range of Redelivery:

Far East/Indian Ocean, Port in CHOP (Singapore)

4. Charter Period:

Firm period of about 60 days with two 60-day option periods. The Government has the option to cancel in any option period with ten days prior notice.

· Operational Tempo (OPTEMPO). It is estimated without guarantee that the vessel will be in port 50% of the time and underway laden 50% of the time. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for vessel and cargo maintenance, or for cargo discharging/loading operations.

5. Laydays:

Commencing:

10 June 2015

Cancelling:

10 June 2015

6. TERMS/CONDITIONS/ATTACHMENTS ADDED, DELETED OR MODIFIED:

Special requirements:

• Evidence of IMDG Certificate.

• Crew must be HAZMAT trained.

• Evidence of International Ship Security Certificate.

• Provide listing of cargo handling equipment on ship (e.g. forklifts. spreader bars, etc.).

• Owners must warrant the vessel can accommodate port restrictions. There may be additional restrictions than those listed in this PWS

MODIFY: Part I, boxes 13-15 – 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 address: hqcargo@navy.mil, mschq.bwc.fct@navy.mil, Billy.Oneal@fe.navy.mil.

MODIFY PART III (g) TO READ: All lashing and securing gear except for 230 containers are to be provided by the Vessel owner.

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.”

PART V: MODIFY PART V(d) TO READ:

1) Inventory Reports: A fuel oil inventory report shall be submitted monthly using the Navy Energy Usage Reporting System (NEURS). Reports 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.

2) Fuel Consumption Report. A fuel consumption report shall also be submitted monthly and include the following:

a. Daily fuel oil consumption

b. Speed made good over the ground

c. Speed made good through the water

d. Average propeller RPM per day

e. Vessel draft

f. Sea and weather states

g. Hours run during the day (noon – noon)

3) Voyage/Passage Reports. At the end of each voyage/passage, a summary shall be submitted giving the total time at sea, total distance steamed, total average speed, and total fuel consumed for the passage.

4) NEURS. The Contractor shall obtain fuel from Defense Logistics Agency-Energy (DLA-E) military stocks or through a DLA-E contract with a commercial supplier. The Contractor shall provide the Government at least ten (10) business days advance notice for all fuel oil requirements. Navy Energy Usage Reporting System (NEURS) reports shall be submitted in the required format by email to MSCHQ-NEURS@NAVY.MIL on a monthly basis, no later than the third day after the end of the reporting period C-12.2.1. The above fuel oil reports shall be recorded daily and submitted monthly as described above. Reports and data collected shall be submitted via e-mail to the COMSC PM3, Strategic Sealift Program; an e-mail address will be provided upon award. A voyage abstract form in EXCEL format shall be provided. Contractor shall not make changes to form or formulas in spreadsheet.

MODIFY PART VI TO READ: FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (APR 2015): Checked boxes remain unchanged.

http://www.acquisition.gov/far/current/html/52_212_213.html PART VI: Add 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014); Checked PART VI: Add 52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014); Not Checked 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEC 2014) – NOT CHECKED

AMEND (5) 52.204-11. AMERICAN RECOVERY AND INVESTMENT ACT – REPORTING REQUIREMENTS TO READ RESERVED

AMEND (8) PROHIBITION IN CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS TO READ RESERVED.

MODIFY PART VI (ix) 52.222-50 COMBATTING TRAFFICKING IN PERSONS (FEB 2009); ALTERNATE I (AUG 2007) – CHECKED

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

RESPONSIBILITY DFARS DEVIATION 2014-O0018 (27 June 2014); Not Checked ADD PART VIII(b) (21) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013); Checked.

PART VIII(3)(5): DFARS 252.222-7007, REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS

MODIFY: X(c): MODIFY TO READ: “Unless offeror proposes a shorter period, by submission of an offer, offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The forgoing does not preclude an offeror from withdrawing its offer prior to award.”

AMEND PART X.(b)(10) - delete (10) in its entirety and replace it with the following:

(10) 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 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)(4) – (4) in its entirety and replace it with the following:

Past Performance. Offerors will be evaluated on their performance under existing and prior contracts for similar services and as otherwise detailed in the solicitation. Information obtained from references listed in proposals, other customers known to the Government, and other sources of useful and relevant information will be considered.

(A) At a minimum, award will not be made to an offeror who is or within the past three years has been seriously deficient in contract performance, unless the Contracting Officer determines that the circumstances were properly beyond the offeror’s control or that the offeror took appropriate corrective action.

(B) If discussions are held, offeors will be given the opportunity to address unfavorable reports of past performance.

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

MODIFY: XI(e) with the following:

(A) 90

(B) 0

(C) 90

(1) MGO/MDO

per metric ton

$ 1,050.38

(2) IFO-180

per metric ton

$ 671.55

(3) IFO-380

per metric ton

$ 665.57 PART XII (d)(2): MODIFY TO READ: FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, (MAR 2015) Alternate 1 (OCT 2014) http://www.acquisition.gov/far/current/html/52_212_213.html PART XIII: ADD DFARS 252.203-7998 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation. (DEVIATION 2015-O0010)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

PART XIII: ADD: DFARS 252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015-O0010)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause) 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

AMEND PART X. (18) in its entirety and replace it with the following:

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 DRYTIME 2013 Rev 1 (10-13) DRYTIME BOXES pages I-1 through I-12, as applicable and at a minimum:

(i) Vessel’s INMARSAT #

(ii) Vessel’s call sign

(iii) Vessel’s IMO #

(iv) Year of Vessel

(v) Flag of Vessel

(vi) Proposed lay days

(vii) Offer expiration

(viii) Owners acknowledgement of all terms and conditions of the RFP and MSC DRYTIME

PROFORMA 2013 Rev 1 (10-13)

(ix) Acknowledgement of whether or not the Vessel is a VISA participant

(x) Acknowledgement of whether or not the Owner is a VISA participant

(xi) Per diem rate and an explanation of any bonuses proposed

(xii) Range at 13 knots, type of fuel, and burn rates while in port (DRYTIME Box 71) and underway laden at 13 knots (DRYTIME Boxes 68 and 70).

(xiii) Any information deemed necessary to address PART XI. (a) Note 1

(xiv) Signature of offeror or authorized agent

(xv) 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.

(xvi) Completed Offeror Representations and Certifications – Commercial Items FAR 52.212-3 (MAR 2015) (Parts XII and XIII, Ref (b)).

(xvii) Completed (Jul 2013) FAR 52.209-7 – Information Regarding Responsibility Matters

(xviii) Information pursuant to Part I boxes and Parts XII and XIII Representations and Certifications

(xix) 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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