V -- Dry Cargo Charter

This is the Military Sealift Command, Sealift Program Management Office, Washington, DC Subj: RFP N00033-04-R-5239 Ref: (a) SF1449 (b) MSC DRYVOY 02 (12-02) MSC Sealift Program Management Office, Code PM52P, 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. I. Standard Form 1449 Boxes 5. Solicitation No.: N00033-04-R-5239 6. Solicitation Issue Date: 12 May 2004 7. For Solicitation Information Call: Rosalind Simon(202-685-5560) 8. Offer Due Date:12:00 PM EDT, 14 May 2004 9. Issued By: Military Sealift Command, Sealift Program Management Office, PM52P, Bldg. 210, Rm. 275, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540, (Code: N00033) Fax: (202) 685-5852 or Alternate (202) 685-5850 10. This Acquisition is: UNRESTRICTED 14. Method of Solicitation: RFP 18a. Payment Will Be Made By: DFAS-OMAHA/FD, P.O. Box 7020, Bellevue, NE 68005 18b. Submit invoices to: Commander, Military Sealift Command (N86), Bldg. 157, 914 Charles Morris Court SE, Washington Navy Yard, DC 20398-5540 II. DRYVOY Boxes 1. Vessel Required: U.S. or NATO flag self sustaining container vessel with gear. Minimum required speed 12 knots laden in moderate weather. In accordance with the Cargo Preference Act of 1904 and Section IIIA.3 of the Voluntary Intermodal Sealift Agreement (VISA) (see 68 FEDERAL REGISTER 8800-8808, February 25, 2003), preference will be given to U.S. flag vessels and VISA participants. Also See Instructions to Offerors, see section III which requires offerors to provide a detailed voyage itinerary. 2. Cargo Description: approximately 70 Twenty Foot Containers (TEU) (+/- 10% Chop) Ammo HAZMAT classes with compatibility segregation issues: 1.1 thru 1.4, Net Explosive Weight (NEW) 131,328 lbs Port Restrictions: Maximum vessel length 150 meters. Maximum draft 9 meters. Requires full self-sustaining gear with container spreaders. 2a Load: Liner In 2b. Discharge: Free Out (F.I.O.S.S) 3. Loading Port(s)/Place(s): Norwegian Sea 4. Laytime: 2 days total discharge port, SSHINC 5. Discharging Port(s)/Place(s): English Channel/North Sea 6. Laydays: commencing 13 Jun 2004 canceling: 15 Jun 2004 available to load 14 Jun 2004 7. Terms/Conditions/Attachments added, deleted or modified: ADD: SPECIAL REQUIREMENTS. (1) Vessel is required to have lashing points and provide sufficient lashing gear to secure the required cargo. Should the selected vessel already have commercial cargo loaded aboard, or commercial cargo to be picked up, the carrier will ensure the cargo stipulated above is - last on and first off, and that the contract carrier provides detailed stow plans with cargo stowage locations and the order of vessel ports of call within the same established time frames. (2) Cargo Handling Equipment List. If other than liner terms, Owner shall provide a list of cargo handling equipment on the ship no later than 72 hours prior to Vessel's arrival at the designated loading port (or first designated loading port in the case of multiple load ports). If award is made within 72 hours of ship's arrival at the designated load port (or first designated loading port in the case of multiple load ports), the cargo equipment list shall be made available within 24 hours of award. (3) Crew List. Offerors must provide an accurate and current crew list with proposal. Further, at any time during the contract period a list of any reliefs scheduled to board the vessel is required 96 hours prior to the personnel change. The crew list shall include full name (including middle name or the letters - NMN if no middle name), date of birth, place of birth (city and country), passport number and country of issue, and nationality of all crewmembers and other personnel onboard the Vessel. The list shall be submitted in an electronic format (Microsoft Excel only). Scanned lists are unacceptable. ADD: IN-TRANSIT VISIBILITY. (1) The Military Sealift Command has implemented a fully automated satellite tracking system (ASTARS) for the purpose of providing In-Transit Visibility (ITV) of its vessels. To support this system MSC utilizes position data provided by a ship's INMARSAT-C Terminal (the terminal must have a GPS input). This is a critical requirement and is therefore mandatory. (2) In order to initiate reporting and start receiving the required data from a ship, MSC needs to know the make and model of the INMARSAT C terminal, its registered identification number, and the specific satellite (POR, AORE, AORW, or IOR) it is currently logged on to. Once this information is received MSC technicians will remotely communicate with the terminal to activate reporting. When no longer required MSC technicians will stop the terminal from reporting. MSC technicians may require some assistance from ship's personnel should problems occur. The ship's terminal will accrue a nominal cost associated with the sending of small data packets, said cost to be included in the offered rate. ADD: FORCE PROTECTION. (1) Owner agrees that U. S. Armed Forces personnel may board the Vessel at any time at any location for U. S. national security purposes, gives consent for such boarding, and agrees to cooperate fully with such U.S. Armed Forces personnel in the boarding party. Owner also agrees to permit U. S. Armed Forces personnel to search without limitation any and all vessel spaces for U.S. national security purposes. (2) Owner agrees to render all necessary assistance to U. S. Armed Forces personnel with respect to the identification and screening of crew members or such others as may be aboard the Vessel. Owner consents to the immediate removal of crewmembers or such others as may be aboard the Vessel deemed unsuitable for any reason by the Contracting Officer or U.S. Armed Forces personnel. Owner agrees to replace any such crewmembers promptly and that such replacements will fully comply with all crew screening requirements. Charterer agrees to bear proven and reasonable costs incurred by Owner associated with replacement, if necessary. (3) Charterer reserves the right, at Charterer's sole option, to embark U.S. Armed Forces personnel and their weapons at any time during the period of the Charter to protect U. S. Armed Forces personnel, cargo or equipment on board the Vessel. These force protection personnel will provide security in accordance with rules of engagement established by competent U. S. military authorities and will operate under the command of such authorities. Charterer agrees to reimburse Owner for cost of such personnel at the rate set forth in the Charter for Supercargo. (4) Owner agrees to comply fully with the current ship threat condition measures required by relevant Navy and MSC Force Protection instructions and messages for the threat condition of the area. ADD: SECURITY THREAT. In the event of a security threat or incident involving the ship, crew or cargo during the voyage, the ship's master should report any incident immediately to the MSC Area Command in whose area the ship is currently located. The MSCHQ Command Center should be contacted if the Area Command cannot be reached. Contact numbers will be provided upon award. ADD: SALVAGE. (1) When engaged in the carriage of government cargo and if requested by Charterer, Owner agrees to accept Navy salvage services. Such services may be provided using Navy personnel and resources or Navy contracted resources. (2) In providing such services, the Navy, through Charterer, agrees to waive all claims for - pure or - bonus salvage. Instead, in those cases in which the salvage services are provided by Navy personnel and resources, the salvage claim shall be limited to a schedule of current per diem rates and allowable expenses as established by the Navy's Supervisor of Salvage. In no event shall such amount exceed a maximum claim of $25,000 per day. (3) In those situations in which the Navy utilizes contracted resources to deliver assistance, Owner shall be liable for the actual daily rate charged to the Navy by the contractor(s). (4) It is understood that this limited Supervisor of Salvage claim is asserted against the vessel only, is solely for the vessel's account, and does not include any amounts for the salvage of the Government's cargo. Notwithstanding any other provisions of this contract, this limited Supervisor of Salvage claim IS NOT directly or by way of setoff chargeable in whole or in part to the Government by way of general average or otherwise. ADD: DEMURRAGE/DETENTION DOCUMENTATION. In the event of demurrage/detention, all supporting documents as identified in the invoicing clause shall be submitted to the Contracting Officer for approval prior to submission of demurrage/detention invoices. After receiving the Contracting Officer's concurrence, Owner may submit demurrage/detention invoices to the office identified in Box 18b of SF 1449. MODIFY: II - Incorporate revised clause 52.212-4 (Oct 2003). Tailored language still applies. MODIFY: III(i) - notwithstanding the requirement for utmost dispatch in subparagraph (1), vessel is to arrive at discharge port no later than 25 Jun 2004 MODIFY: III(j) and (k) - change - SSHEX to - SSHINC. (discharge port) MODIFY: III (n) - add new sentence at the end of subparagraph (1): - The United States of America shall be named as an additional Assured Party with waiver of subrogation on all applicable insurance policies. MODIFY: IV(i) - add new subparagraph: (5) Owner must immediately notify Charterer of any changes in the Vessel's commercial war risk insurance, including but not limited to, extensions of war risk exclusion zones and increases in commercial war risk insurance premiums. Owners must secure Charterer's permission prior to entry into any commercial war risk exclusion zones before incurring liability for additional premiums. ADD: The following Part V clauses are called out: (1) V(d) Loading and Discharging (F.i.o.s.s) with owner furnished lashing gear (discharge port) (2) V(c) Loading and Discharging (liner terms)(MSC 5252.247-9851 (Jun 1998) (load port) (3) V(g) Position Reports. Additionally, delete last sentence and substitute the following: - Said reports shall be issued by electronic mail to pat.waddington@navy.mil, sdo.msc@navy.mil, tim.pickering@navy.mil, mschq-cargo@navy.mil, noreur@noreur.msc.navy.mil, twice daily at 1200 and 2400Z, or fax 202-685-5887. Also, Position reports are required by (0030, 0630, 1230, &1830Z) to msceucdo@msc.naples.navy.mil and include, speed of advance, and ETAs to chokepoints and next destination as applicable. MODIFY: The following Part V clause is modified, but not called out under this RFP: (1) V(ab)(4) - delete $150,000 and substitute therefore $200,000. MODIFY: VI - Incorporate revised clause 52.212-5 (Apr 2004). Contract terms and conditions that have been checked remain the same unless deleted by the revision. MODIFY: VII - Incorporate revised clause 252.212-7001 (Jan 2004). Contract terms and conditions that have been checked remain the same unless deleted by the revision. MODIFY: X - Incorporate revised provision 52.212-1 (Jan 2004). Tailored language still applies. MODIFY: X - in subparagraph (L) the Contracting Officer is Kenneth D. Allen PM52. The mailing address is the same as that stated in Box 9, SF 1449. MODIFY: XII - Incorporate revised provision 52.212-3 (Jan 2004) and Alternate I (Apr 2002). III. Instructions to Offerors Offerors shall use the guidelines set forth in Part X for submission of offers; however, at a minimum, offers must contain the following: - Lumpsum price and demurrage/detention rate. - Set of completed boxes (Ref (b), pages I-1 through I-4) - Completed Representations and Certifications (Part XII, Ref (b)). - Speed of Advance (SOA) laden and detailed itinerary. - List of cargo handling equipment and load capacities of ship's gear/cranes/spreader bars, etc., that will service the assigned cargo spaces (or details of arrangements made ashore for vessel discharge, if permitted by RFP). - Copy of IMDG Certification, identifying any stowage limitations (e.g. A-60 bulkhead). - Documentation of crew HAZMAT training - Crew list - If part cargo, state exact space available and include vessel stow plans. - provide detailed voyage itenerary - provide vessel Inmarsat identification, call letters and official IMO number - IAW DFARS 252.204-7004, U.S. offerors (and foreign offerors working in the U.S.) must be registered in the Central Contractor Registry (CCR) in order to be considered for award. To comply: provide a DUNS number with your offer. This number is required to verify registration and in order to register in the CCR. The DUNS number can be obtained by calling 1-800-333-0505. Register in the CCR by calling 1-888-227-2423 or through the MSC's website at http://www.msc.navy.mil, under - Contracts, then "CCR." Note: failure to submit all required information as requested could result in your offer not being considered for award. The successful offeror must provide electronic funds payment information to the office identified in Part VI. IV. Price Evaluation. Price will be evaluated under clause XI(c) using the lump sum freight rate and 1 days demurrage/detention. Signed: K.D. ALLEN, Contracting Officer, MSC, PM52