RFP 20R4106.pdf

N32205-20-R-4106

1. PORT SPECIFIC REQUIREMENTS

a) This is a Requirements type contract for tug services to be performed in the geographical region described below. The Government requires the service of three USCG Type A tugs of 65,000 lbs.

minimum bollard pull and the services of three USCG Type B tugs of 100,000 lbs. minimum bollard pull. The Contractor shall be obligated to provide tugs from only the class or classes requested. In addition, up to three total tugs of either Type A or Type B tugs shall be available for standby at Zone A, Earle, NJ as described in paragraph c.

b) This Contract requires the time charter of six U.S. flag tugs as described above to provide harbor support services and ship handling for the Earle, NJ Harbor areas and surrounding waters. The actual work may vary considerably from the schedule of estimates contained herein.

c) Up to three tugs shall be available to simultaneously standby to support vessels loading and discharging ammunition at Naval Weapons Station (NWS) Earle. The tug(s) may be required for at least one day or up to four weeks of standby at the dock. The tug(s) will be required to offer assistance in case of an emergency to include any service required elsewhere in this contract. The normal work day is 8-10 hours Monday through Friday (M-F). Standby time will be at a daily rate as described in the Standby Tug Rates, for any day when operations require the tug to standby or provide services. The tug(s) will be permitted to berth overnight or on weekends at NWS Earle during the period of performance.

2. GEOGRAPHIC REGION(S)

Naval Weapons Station, Earle, NJ & surrounding waters

LAYDAYS / LOCATION

Delivery/Redelivery Port Earliest Delivery Date Cancelling Date

Earle, NJ 01 October 2020 01 October 2020

3. PERIODS OF PERFORMANCE

PERIODS OF PERFORMANCE

Period Length (Days)

Date of

Commencement

Date of Completion

Firm Period 365 01 October 2020 30 September 2021

Option Period One 365 01 October 2021 30 September 2022

Option Period Two 365 01 October 2022 30 September 2023

Option Period Three 366 01 October 2023 30 September 2024

Option Period Four 365 01 October 2024 30 September 2025

4. NOTIFICATION TIMES

When tug service is requested, service shall be provided within the time specified in the “Required

Response” boxes in the table below:

TIME REQUIRED RESPONSE

Type A Tugs or

Type B Tugs

24 hours, 7 days per week, Sunday through Saturday, including Federal holidays

Two Hours

Standby Tugs 24 hours, 7 days per week, Sunday through Saturday, including Federal holidays

(Period of one to two weeks)

Twenty-Four Hours

NOTE: Contractors shall respond to emergencies with utmost dispatch.

5. ORDERING

a) Orders may be issued by electronic SF 1449.

b) Orders may be issued for a specific movement or a series of movements.

6. SCHEDULE MINIMUM TOTAL ORDER QUANTITY: This contract does not incorporate a minimum guaranteed amount. The government does not guarantee that it will order a minimum amount of work.

7. RATES FOR SERVICES

a) Service Rate: The Tug Service Rate shall be earned for the first two hours of service, such service to be calculated from the date and time the vessel reports in all aspects ready to perform at the location, time, and date specified in the Government order, but no earlier than the date and time specified in the order, unless agreed upon by the

Government. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs; bonuses; payments;

emoluments payable to the Master, Officers and crew for services under this contract;

the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order. Consecutive work shall not incur more than one

Service Rate charge unless the vessel is released from government control in between work.

b) Hourly Rate: Each job shall earn the Hourly Rate, after completion of the first two hours of service. The Hourly Rate will be pro-rated to the nearest quarter hour and continue to be earned until the Government dismisses the vessel.

c) Standby Tug Rate: This rate is a daily rate to be applied pro-rated to the nearest hour to the period beginning at the time the Government dismisses the tug(s) from the call-out docking/undocking at the Service Rate or the Hourly Rate, whichever applies, until the tug(s) is dismissed from standby service.

i. If any tug is to be called out only for standby service, the Service Rate will be earned for the first two hours of standby time and the Standby Tug Rate will begin after the first two hours.

ii. If any tug on standby is utilized at the Hourly Rate and returns to standby status, the

Standby Tug Rate shall begin again after dismissal from assisting vessels at the Hourly

Rate. For purposes of calculating the Standby Tug Rate, the 24 hour clock will begin again after return from the Hourly Rate, the previous standby time having been pro-rated to the nearest hour.

iii. Fuel will be included in the Standby Rate.

d) Cancelled Orders: Orders cancelled within the required notification period shown in the

Statement of Work will incur no charge. Orders cancelled after the required notification period will incur a charge equal to two hours at the hourly rate.

8. SCHEDULE OF ESTIMATES

The following estimates are not a guarantee of work. This information is provided for estimation purposes only. Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment. Normally two tugs are required for each call out but may not always be the case.

Place

# of Call-outs per year

# of Tugs

Per Call-out

Avg # of hours

Per Call-out

Standby

Period

(Days)

Total Est’d

Standby

(Tug-Days/year)

(Earle, NJ) 24 2 4 1-14 100 days per year

9. POINTS OF CONTACT:

(a) Contracting Questions:

i. Contracting Officer, Lorrie Leedy, 757-443-2805

ii. Contracting Specialist, LaToya Sorrell, 757-443-5299

(b) Operations Questions:

i. Project Officer, Timothy Vickers, 757-341-6824

ii. Program Analyst, Iben Gantt, 757-443-2711

iii. Contracting Officer’s Representative (COR) Eric Hayes, 757-443-5634

10. TUG CHARACTERISTIC SHEET:

CHARACTERISTIC MINIMUM CHARACTERISTIC MINIMUM

FLAG USA

BOLLARD PULL

(ahead)

Type A: 65,000 lbs.

Type B: 100,000 lbs.

PROPULSION

TYPE

Twin Screw or better

SURFACE

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-hull contact with surface vessels under normal conditions of vessel pitch and roll.

SURFACE

CONFIGURATION

Configured to prevent metal-to-hull contact with surface vessels-objects under normal conditions of vessel pitch and roll. (E.g.

Tug(s) must be capable of working in and around the bow and stern of AOE and

LHA class vessels.)

CAPSTANS/

WINCHES

Sufficient for services performed under this contract with minimum safe working loads.

LINES

Lines, wires, and associated equipment sufficient to safely and efficiently perform the services under this contract.

COMMUNICATION

EQUIPMENT

Minimum required by the U.S.C.G. and FCC for inland and international waters.

Equipment must be fixed (vice hand-held/portable)

NAVIGATION

EQUIPMENT

Minimum required by the U.S.C.G for inland and international waters. Additionally, a radar, fathometer, GPS, and loudhailer.

FIREFIGHTING

EQUIPMENT

One tug Type A shall have monitors to provide 360 degree coverage at 2010 GPM at 125 PSI. The system shall be capable of

AFFF injection

11. GENERAL REQUIREMENTS

Typical Services are listed as follows for illustrative purposes only and describe some of the services that may be performed as requested on the basis of a 24 hour per day, 365 day per year readiness, including but not limited to:

a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types identified below and miscellaneous other vessels, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. Government reserves the right to use Government-owned or controlled Tugs or vessels separately or jointly with Owner's Tugs in the performance of any services listed in this Contract;

b) Provide stand-by tug service on a day to day basis to meet port requirements that facilitate the movement of any ammunition laden barge, lighter or craft at all times.

c) Transfers of pilots and Government Personnel by vessel.

d) Tug emergency support services, including responses to weather conditions threatening vessels, piers, dry docks, or shore facilities; shipboard fires; collaborative fire support; vessels aground;

vessel equipment failures; downed aircraft; oil spills; missions of mercy; collisions; ammunition mishaps; and search-and rescue operations and shipboard casualty or National Defense

Emergency;

e) Line handling

f) Providing personnel (other than a riding crew) to go aboard a tow.

g) The following is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive:

AE ARS DD LPH

AFDM AS DDG LSD

AGDS ASR FF LST

AKE ATF FFG MCM

AO AVM LCS MSO

AOE CG LHA SS

AOR CGN LHD

AR CV LKA

ARD CVN LPD

Or foreign military vessels equivalent to any of the above

Owner's Representative shall provide adequate staff and communications to respond promptly to

Government's requests for services under this Contract on a 24-hour-day basis.

12. SHIP PHYSICAL SECURITY. The Owner will comply with and implement the Navy Force

Protection and Security requirements for the port in which it is docked or berthed. All costs shall be included in the basic hire, except for Contracting Officer directed material purchases over $100 in total value, which shall be subject to the Pass Through Reimbursables Section of the Contract.

13. OFF-HIRE. Payment of hire shall cease for all time lost in the event of the loss of time resulting from deficiency and/or default of men including but not limited to the following: misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities; average accidents to

Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs; inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel.

Payment will not begin again until the Vessel is ready and in a fully efficient state to resume her service at a position not less favorable to the Charterer than that at which such loss of time commenced. Should the

Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviation or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time. Off-hire is on a per vessel basis. Offeror may be allowed to substitute a vessel in accordance with Paragraph 14, Substitution of Vessels, below.

14. SUBSTITUTION OF TUGS

a) Substitution of tugs is authorized, but only for good cause shown and upon proper notice to the

Government and approval of the Contracting Officer. Notice of intent to substitute by the

Contractor shall identify the tug being substituted and the tug for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute tug suitability. If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution.

b) Any tug offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the tug for which substituted and shall be fully ready to perform in accordance with this Contract upon arrival at the Tow or other work site designated by Charterer. Any tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this

Contract.

c) Contracting Officer’s notice of acceptance or rejection of the substitute tug shall be made within reasonable time following Owner’s nomination thereof, provided that the Contracting Officer is furnished sufficient information on which to base such a determination. Silence of the

Contracting Officer shall not be construed as acceptance of any nominated tug.

d) Notwithstanding Charterer's prior acceptance of any substitute tug under this paragraph, Charterer may at any time reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute tug were misrepresented by the Contractor or are otherwise unsuited to the requirements of this contract.

15. TUG COMPLEMENT AND CREW

a) The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the

Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government as regards the employment of the

Tug(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug(s)

b) Physical security equipment required to meet port security plans shall be Contractor-furnished.

c) All contractor employees shall wear a contractor-furnished uniform with Contractor and individual identification clearly and permanently marked. Individual employee names shall be visible on front of outer clothing. Contractor name shall be visible on the upper back of uniforms.

d) All contractor employees shall have in their possession photo identification at all times when working under this contract.

e) If the Charterer shall have reason to be dissatisfied with the conduct or performance of the

Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary to alleviate the cause of the complaint, make a change in personnel.

f) Each master of tugs shall possess U.S. Coast Guard 100 Ton Master License.

16. SECURITY CLEARANCES. The Contractor shall obtain and maintain Transportation Worker

Identification Credential (TWIC) for the Tug(s) Master(s), Officers(s) and Crew(s) throughout their service under this contract.

17. PLANS AND REPORTS

a) STRIKE CONTINGENCY PLAN.

i. The Contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. Award of the contract shall indicate the

Contracting Officer’s approval of the plan.

ii. The Contractor shall update the plan more often, if necessary, but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the

Contracting Officer’s approval of the updated plan.

b) VESSEL CASUALTY PLAN.

i. The Contractor shall provide and maintain a vessel casualty plan that describes how services will be continued if there is a casualty to the Tug or to a system that makes the Tug inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute tug in the event of a vessel casualty. Award of the contract shall indicate the

Contracting Officer’s approval of the plan.

ii. The Contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term.

Exercise of an option to extend the term of the contract shall indicate the Contracting

Officer’s approval of the updated plan.

c) EMERGENCY SITUATION TRAINING PLAN. No more than 30 days prior to delivery the contractor shall submit a proposed training plan to meet the requirements of Paragraph 22, “Emergency Situation and Training,” below, if incorporated. A final plan shall be submitted no later than 30 days after receipt of the Government comments on the proposed plan.

18. INCIDENT REPORTS. In any instance in which any vessel being handled by Owner’s Tug(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Tug Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officer within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries, and listing recommendations to prevent recurrence.

19. CONTRACTOR MANPOWER REPORTING

a) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift

Command via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

b) Reporting inputs will be for the labor executed during the period of performance during each

Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/.

20. COMPLIANCE

All vessels shall be compliant with all applicable Federal and State Laws and regulations and in particular, with all applicable U.S. Coast Guard regulations for tug vessels and their operation.

21. INSURANCE

a) VESSEL OWNER’S INSURANCE.

i. General. During the full period of this contract, the Owner shall maintain a commercially reasonable amount of marine insurance coverage on the Vessel, including Broad Form Tower’s

Liability Insurance (including damage to the Tow) on each vessel performing under this Contract, Hull and Machinery, Protection and Indemnity (P&I) (including Tower’s Protection and

Indemnity Liability Insurance on each vessel performing under this Contract), Pollution Liability, War Risk Hull and Machinery, War Risk P&I, Second Seamen's War Risk and Government

Personnel Training Insurance (shall cover hands-on operation of the Vessel equipment by

Government personnel while training to operate the Vessel under the Emergency Situations and

Training clause). Except as otherwise provided in this contract, the expense for such insurance coverages shall be at Owner's expense and shall be deemed to be included in the hire payable under this contract. Except as provided herein, the Owner shall be responsible for the cost of such insurance, including deductibles, premia, and additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable. Within 10 calendar days following award of the contract, the Owner shall notify the Contracting Officer in writing that the required insurance has been obtained.

ii. Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any

Amount due the Owner under paragraph (1) shall be subject to set off by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by paragraph (1).

iii. Cancellation or Material Change in Coverage. All policies shall contain an endorsement stating that “in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the Contracting Officer.” Wording such as “will endeavor to mail notice” or “failure to mail such notices shall impose no obligation or liability” is not acceptable.

iv. Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the all of contractor’s required insurance as stated above.

b) WAR

i. Voyage Instructions. If the Vessel is ordered under this contract to any port, place, or zone involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Owner not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Owner indemnification against said risks pursuant to Public Law 85-804.

ii. The Vessel Owner shall immediately notify the Charterer: (i) whenever any sailing orders will result in a vessel subject to this contract being sent beyond the limits of the War Risk Trading

Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War

Committee’s current List of Areas of Perceived Enhanced Risk); (ii) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the List of Areas of Perceived Enhanced Risk) or changes to

War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the

Charterer under this contract. The Owner shall ensure that the insurers provide it relevant information in a timely manner. If the Owner has given this required notice to the Charterer, the

Charterer will reimburse the Owner for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk

Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Area of Perceived Enhanced Risk under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Owner notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government

War Risk Insurance/Indemnity” below.

iii. Additional Wage Costs. The Charterer shall reimburse Owner for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military

Sealift Command in a similar port, place, zone, or route. Owner shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

c) GOVERNMENT WAR RISK INSURANCE / INDEMNITY

i. General Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of (b)(ii) of the section entitled “War” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull

War, Strikes, Terrorism and Related Perils Listed Areas (also known as Listed Areas of Perceived

Enhanced Risk) under the Owner’s commercial War Risk coverage, the Owner shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Listed Areas of Perceived Enhanced Risk, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Owner shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Owner shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or

War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Owner shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

ii. Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States

Maritime Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Listed Areas of Perceived Enhanced Risk, or otherwise excluded under the Owner’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Owner:

1) War Risk Protection and Indemnity insurance covering all liabilities up to an amount of $250,000,000;

2) War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Crew Member for loss of life.

iii. Government Indemnity. Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and Executive Order 10789, as amended by Executive Order 11610, the Secretary of

Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the

Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in paragraph entitled “Government War Risk Insurance” directly above.

22. EMERGENCY SITUATION AND TRAINING.

i. General. In the event that the Owner is unwilling or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the Atlantic Fleet Commander

(COMUSFLTFORCOM) or his designated representative that the emergency so requires, the Owner agrees to relinquish custody and control of the tug(s) to the Government in order to allow the Government to respond to the emergency situation using the Owner’s tug(s)/equipment augmented in whole or in part by a Government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of Government operation and control shall not exceed that time required to respond to the emergency and properly return the tug(s) to Owner’s control.

ii. Mitigation. Owner’s release of the tug(s) for emergency operation by the Government shall serve to mitigate Owner's liability, if any, under the Termination for Cause clause of this contract {See PART II, FAR 52.212-4(2)(m)}. The value of the release of tug(s) to the Government shall be offset against the

Contractor's liability under the Termination for Cause clause. During a period of partial or complete augmentation of crew by the Government, as a result of default, the Owner shall not be entitled to charter hire.

iii. Owner Responsibility. The Owner shall cooperate and provide assistance in reactivation of the tug(s) from cold iron and provide any other assistance directed by the authorized Government representative(s).

iv. Government Responsibility. The Government shall be responsible for loss or damage to the tug(s) during periods of complete crew augmentation by the Government. During periods of partial crew augmentation, the Government shall be liable for damages resulting from Government action in accordance with the Federal Tort Claims Act.

v. Condition of Default. Any failure, untimely response, or refusal to perform any of the services outlined in this contract may be considered a condition of default under this charter.

vi. Training. The Owner shall provide the use of the Tug(s) and master(s) and crew(s) to train

Government personnel in the operation of the Tug(s) as directed in writing by the Contracting Officer or

COR; said writing to be provided at least 24 hours in advance of the training. The training shall not be

“crew augmentation” for purposes of subsection (f)(1) of this section. The Owner shall not be relieved of responsibilities under PART II, FAR 52.212-4(2)(d) "CHARTER NOT A DEMISE" during training.

(1) Such training shall include, but not be limited to, the full operation of the tug(s) (e.g., reactivating from cold iron; underway operation; and towage of vessels/submarines).

Training shall include hands-on exercises and shall be conducted to ensure that Government personnel are able to properly, effectively and safely augment or replace the Owner's crew.

Training shall be of sufficient quality to allow for partial or complete augmentation of the contractor’s crew.

(2) Training shall take place during normal operating hours.

(3) Training shall be conducted to ensure that Government personnel are able to operate the tug(s) properly, effectively and safely in the event of an Emergency.

INSTRUCTIONS

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS (Oct 2018)

In accordance with FAR 12.302 (Tailoring of provisions and clauses for the acquisition of commercial items) the following shall take precedence over the un-tailored paragraphs.

a. This procurement is a FAR Part 12 acquisition being conducted under the FAR Subpart 13.5, Simplified Procedures for Certain Commercial items. After receipt of proposals the Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate.

b. Proposal and proposal modifications (e.g., proposal extension) may also be submitted electronically in response to this solicitation by e-mail directly to latoya.sorrell1@navy.mil and lorrie.leedy@navy.mil, the designated E-mail addresses and inboxes for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

c. Proposals shall be submitted via e-mail on or before 25 June 2020 at 1300 Eastern Time in Adobe

Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version.

Proposals/modifications must contain either a verifiable electronic signature (e.g. PKI enable certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's agent. Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. An E-mail proposal that resides on a

Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. For electronic proposal/modifications, the only acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers is the receipt of the E-mail proposal, readable, in its entirety in the designated E-mail inbox by the due date and time for proposal submission. Any other timestamp or meta-data of the

Offeror's sent e-mail shall not be construed as sufficient documentation of the Government's receipt of an e-mailed offer. It is the Offeror's responsibility to ensure the proposal has been received in the designated

E-mail inbox by the due date and time.

d. All Questions regarding the RFP shall be submitted to latoya.sorrell1@navy.mil and lorrie.leedy@navy.mil. All questions must be submitted 24 hours prior to RFP closing using the form as provided in Attachment F.

e. Reserved.

f. Failure of an offer to address any items in this RFP may make the offer unacceptable and/or may result in it not being considered for award.

g. Offerors are encouraged to submit offers using the Submission Package. The Submission Package contains forms for the proposed Minimum Vessel Characteristics, the Offered Rates, the Vessel Casualty mailto:latoya.sorrell1@navy.mil mailto:lorrie.leedy@navy.mil mailto:latoya.sorrell1@navy.mil mailto:lorrie.leedy@navy.mil

Plan, and the Strike Contingency Plan. Vessel Characteristics Sheets, Rate Sheets, or other documents may be substituted but must address the details in these forms.

h. Representations and Certifications clauses that offerors are required to complete are also provided.

i. 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.

j. In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a

Small Business Subcontracting Plan with their proposals. Offerors shall ensure that they submit Small

Business Subcontracting Plans with all of the information required by FAR 52.219-9. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

EVALUATION

52.212-2 EVALUATION--COMMERCIAL ITEMS (Oct 2014)

(A) The Government will evaluate offers on a Lowest Price, Technically Acceptable (LPTA) basis. The technical factor 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.

Award will be made to the responsible offeror with the lowest evaluated price proposal whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors. In order to be considered awardable, an offer must receive an acceptable rating in every non-price factor. In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical

Price

Past Performance

(B) Evaluation of Factors

(1) Technical.

The Government will review the offeror’s proposed vessel characteristics submitted in the submission package to ensure that the capability of the proposed vessels meet the

Government’s needs as described in the Request for Proposals (RFP). The evaluation will consider if the offer meets the minimum requirements stated in the solicitation. Any offer that does not meet any of the minimum requirements shall be evaluated as Unacceptable.

(2) Price.

The Total Evaluated Price will equal the sum of the Total Dollar Amounts for two tugs

(one Type A and one Type B) for the firm and all option periods.

The Total Dollar Amount for each period will equal the sum of the products of the offered Tug Service Rate, Hourly Rate, and Standby Daily Rate (each rate shall include fuel) multiplied by each respective estimated quantity of usage in the Schedule of

Estimates for each tug (one Type A and one Type B).

Price analysis techniques will be used to determine price reasonableness. Adequate price competition is expected. Materially unbalanced offers will not be considered for award.

In the event only one technically acceptable offer is received, price analysis will be conducted using recent similar contracts, price indices, the Government estimate and/or other price indicators as deemed necessary by the Government. However, pursuant to

FAR 15.403-3(b), if there are unusual circumstances where it is concluded that additional information is necessary to determine the reasonableness of price, the Contracting Officer will, to the maximum extent possible, obtain the additional information from sources other than the offeror so as to preclude the up-front submission of cost and pricing data.

Additionally, the Contracting Officer will, to the maximum extent practicable, limit the scope of the request for information relating to this procurement to include only that information that is in the form regularly maintained by the offeror as part of its normal operations. If a fair and reasonable price cannot be determined from price analysis, the

Government will request cost and pricing data.

(3) For the purposes of evaluating offeror’s past performance:

A. The government will search CPARS for each offeror’s three most recent, relevant government contracts. While the government intends to use primarily CPARS to gather information on offerors’ past performance, it reserves the right to consider other sources of relevant information. The government will not consider the past performance of parent or sister companies, and will only consider the past performance of the offeror.

Recency and relevancy are defined below. The government will consider the extent of the offeror’s ability to perform a previous, recent, and relevant 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).

B. “Recent” is defined as a contract in-progress or completed within the last three years.

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

1. Scope: Experience in the areas defined in this RFP.

2. 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 this RFP.

3. 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 this RFP. 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).

(C) Options. The Government will evaluate offers for award purposes by adding the total price for the firm period and all options. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(D) 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 (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(E) For other than small businesses, the Government will evaluate the Small Business Subcontracting

Plan in accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan acceptable to the Contracting Officer may make the Offeror ineligible for award of a contract.

(End of provision)

REPRESENTATIONS AND CERTIFICATIONS

Full text of clauses may be accessed electronically through this/these address(es):

http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

52.204-24 Representation Regarding Certain Telecommunications and Video AUG 2019

Surveillance Services or Equipment

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video AUG 2019

Surveillance Services or Equipment

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law FEB 2016

52.212-1 Instructions to Offerors – Commercial Items MAR 2020

52.212-3 Offeror Representations and Certifications – Commercial Items MAR 2020

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification AUG 2018

52.228-3 Worker’s Compensation Insurance (Defense Base Act) JUL 2014

52.232-18 Availability of Funds APR 1984

52.232-19 Availability of Funds for the Next Fiscal Year APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials MAY 2019

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7000 Disclosure of Information JUN 2019

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2019

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax JAN 2012

Liability or a Felony Conviction Under any Federal Law (DEVIATION 2012-O0004)

252.215-7008 Only One Offer JUN 2019

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition On Interrogation of Detainees by Contractor Personnel JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ______________________________________________________

(insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above;

and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals

Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative…