20R4133 RFP.pdf

27 July 2020

This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office

MARKET SURVEYS, RFP’S, AMENDMENTS AND CONTRACT AWARDS WILL BE

POSTED TO THE FEDBIZOPPS WEBSITE (ONLY) UNTIL FURTHER NOTICE.

WWW.FBO.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N32205-20-R-4133

Ref: (a) SF1449

(b) MSC DRYTIME 2013 Rev 1 (10-13), as amended

MSC Strategic Sealift Program Support Office, N103A, requests proposals for one vessel 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 MSC web site at https://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.

NOTE:

1. DUE TO INCREASED E-MAIL SECURITY, IT MAY TAKE LONGER FOR E-MAILS TO

BE RECEIVED IN THE APPROPRIATE IN-BOX, ESPECIALLY WHEN AN E-MAIL IS

HOSTED IN A FOREIGN COUNTRY; SOME E-MAILS ARE DELAYED IN EXCESS OF

HOURS. OFFERORS ARE ENCOURAGED TO SUBMIT OFFERS AS SOON AS POSSIBLE.

http://www.fbo.gov/ https://www.msc.navy/mil

STANDARD FORM 1449 BOXES:

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N32205-20-R-4133

6. Solicitation Issue Date: 27 July 2020

7. For Solicitation Information: Nic Hatcher; 757-341-5471; eric.n.hatcher@navy.mil

8. Offer Due Date: Monday, 03 August 2020, at 1100 Eastern Time

9. Issued by: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP-64, Naval Station Norfolk, Norfolk, VA 23511-2419 (Code: N32205); Fax: 757-341-5745

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 (AUGUST 2012).

27a. Solicitation incorporates by reference FAR 52.212-1 and 52.212-4; 52.212-3 Alt I and 52.212-5 are incorporated by full text.

A. PART I - DRYTIME BOXES:

1. Vessel Required:

A. U.S. or foreign flag, self-sustaining vessel(s) (multiple awards up to 3 vessels) capable of carrying a portion of the 300,000 square feet requirement which consists of military cargo (wheeled vehicles, tracked vehicles, and breakbulk) described below.

B. Each vessel shall have a minimum capacity (measured in square feet) of 100,000 square feet of cargo from the cargo list.

C. Minimum laden speed shall be 15 knots while laden.

Packing List:

Provided upon request.

2. Place / Range of Delivery:

Ash Shuaiba, Kuwait

3. Place / Range of Redelivery:

Charleston, SC (USA)

4. Charter Period:

36 days for each vessel chartered

5. Laydays:

Commencing/Cancelling: 22 September 2020.

6. Terms/Conditions/Attachments added, deleted or modified:

Special requirements:

A. Reporting Requirements mailto:eric.n.hatcher@navy.mil

1. Owner shall provide the MSC Area Commander with any report required under U.S. Coast Guard Marine Safety Information Bulletin 02-20 (Change 3) (requiring hazardous conditions be reported), prior to entering the port.

2. Health and Safety Plan: Owner shall provide in its proposal its company’s health and safety plans for its crew related to the novel coronavirus for this mission. While not evaluated, upon award, this plan shall become contractually binding on the owner.

3. Owner is advised that due to the time-sensitive and critical nature of the mission, including environmental factors, the Excusable Delay provision shall not apply if delay was caused by a breach of paragraph A.2 above or was otherwise reasonably preventable by following U.S Coast Guard or Center for Disease Control COVID-19 guidelines in publication at the time of breach.

4. The ship-owner agrees that crew and other embarked personnel may be ordered by the charterer to stay aboard the vessel during port visits under this charter as deemed necessary by the charterer or local government authorities. Further, the ship-owner agrees that the charterer may limit access to the vessel by any shore-side personnel upon the vessel’s port calls during this charter.

5. Owner agrees that no routine crew changes will occur during the course of the charter and that all costs (e.g., transportation, Restriction of Movement, or other quarantine costs) associated with any non-routine crew changes shall be the responsibility of the Owner and not the Charterer.

B. Lashing Gear: Vessel must be fully outfitted with container deck fittings, semi-automatic twist locks, stackers, rods, turnbuckles, lashing gear, dunnage, and shifting boards in sufficient quantity to safely stow and secure cargo.

C. Spreader Bar. RO-RO/LO-LO or LO/LO vessel must be equipped with a 20-foot spreader bar weight tested to 45,000 lbs. per crane.

D. Certificates: Provide most recent and complete copies (with endorsements) of the following documents:

a. Company Document of Compliance

b. Vessel Safety Management Certificate

c. Vessel International Ship Security Certificate

d. Vessel Certificate of Inspection (COI).

E. Stow Plan: Provide percentage of packing list cargo that can be carried for each vessel offered and a stow plan for each vessel offered annotating the cargo from the packing list that is being stowed.

F. Fully Bunkered: Vessels shall be delivered fully bunkered.

NOTE: Items 1A, 1B, 1C, 6A, 6B, 6C, 6D, 6E, AND 6F must be addressed in sufficient detail to demonstrate compliance, and Items 2, 3, 4, and 5 must be acknowledged.

ADD: Owner agrees as a condition of this contract that the vessel will not proceed to Gibraltar for any purpose for its next port call after departing a Spanish port, even if the vessel is off-hire or if the charter has concluded and the ship was redelivered to the owner in Spain. Owner also agrees as a condition of this contract that the vessel will not proceed to Spain for any purpose for its next port call after departing Gibraltar, even if the vessel is off-hire or if the charter has concluded and the ship was redelivered to the owner in Gibraltar.

ADD: Identify those ports in which they have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

AMEND: Part I, Boxes 13-15 – revised in their entirety to read as follows:

Per Diem Base Period: 36 days $

DELETE: Part I, Box 17 - delete in its entirety.

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

ADD PART II (v) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (NOV 2015)

ADD to III(c)(vi): Reports shall be sent to the following email addresses:

a. hqcargo@navy.mil

b. MSCHQ.BWC.fct@navy.mil

c. MSClant_N32@navy.mil

d. M-NA-MSCEURAF-CARGO-DISTRO-GS@eu.navy.mil

e. M-BA-MSCCENT-OPS@me.navy.mil

f. richard.l.preston4.civ@mail.mil

g. curtis.l.mcclure.civ@mail.mil

h. Jason.r.gates5.civ@mail.mil

PART III(g)(1) LOADING AND DISCHARGING AMEND TO READ: (1) General. The whole reach and burthen of the Vessel shall be at the disposal of the Charterer, reserving only proper and sufficient space for Vessel's Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate the entire Vessel's cargo handling equipment simultaneously. The Vessel shall work night and day, if required by the Charterer. The Charterer shall have the use of any special gear or fittings actually aboard the Vessel, although said gear or fittings are not required by this Charter. Vessel is required to have lashing points and provide all lashing gear. The Charterer may have the free use of any lashings aboard the Vessel. The Charterer will be responsible for the replacement of lashing gear damaged by the Charterer or its servants. Such replacement shall be as original or equivalent.

AMEND PART IV (a) DEFINITIONS:

Add: Charter Hire – Daily rate paid for use of the vessel during the charter; interchangeable with Hire Rate and Per Diem.

Add: Hire Rate – Daily rate paid for use of the vessel during the charter; interchangeable with Charter Hire and Per Diem.

http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html mailto:hqcargo@navy.mil mailto:MSCHQ.BWC.fct@navy.mil mailto:MSClant_N32@navy.mil mailto:M-NA-MSCEURAF-CARGO-DISTRO-GS@eu.navy.mil mailto:richard.l.preston4.civ@mail.mil mailto:curtis.l.mcclure.civ@mail.mil mailto:Jason.r.gates5.civ@mail.mil

Add: Per Diem – Daily rate paid for use of the vessel during the charter; interchangeable with Charter Hire and Hire Rate.

Add: LOA – Length Overall

Add: MARPOL – Maritime Pollution

Add: MTons – Measurement Ton (1 cubic foot / 40)

Amend: MT to read Metric Ton

PART IV(b)(2): Amend first sentence to read: The Vessel and all Associated Equipment shall be delivered to the Charterer at a port or place in accordance with Box 2 not later than 1600 hours local time, unless alternate time otherwise indicated, at place of delivery on the canceling date stated in Box 5, the Owner giving written notice of readiness during office hours to the appropriate Government representative at the port or place of delivery on a day within the layday period.

AMEND PART IV(g) INSURANCE to read:

(1) Vessel Owner’s Insurance.

i. During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the Vessel, including:

A. Hull and Machinery, B. Protection and Indemnity (P&I) (including pollution liability), C. War Risk Hull and Machinery, D. War Risk Protection and Indemnity (P&I), and E. Second Seaman’s War Risk. (the principal sum of which shall be $200,000.00 per Master, Officer, or crew member (this is also the loss-of-life benefit)).

Except as otherwise expressly provided in Paragraph (3) below or as expressly provided in the section entitled “War” (H‐1), all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this Charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this Charter Contract.

At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this Contract.

ii. Contractor agrees to indemnify and hold harmless the Charterer for all liability, costs, or expenses arising from or related to this contract and involving covered risks and losses under the terms of the insurance required in Part (g)1(i) above. Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Part (g)1(i) by which Contractor’s Insurer “waives all rights of subrogation against the United States of America regardless of amount.”

iii. If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits. Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

iv. All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

(2) Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War Risk Policy.

i. The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy.

A. At least 10 calendar days prior to delivery of vessel, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

ii. “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

iii. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in this Paragraph ii., such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

iv. Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United States of America as additional assured Charterer.

(3) P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

i. Contractor shall obtain P&I Insurance for Charterer’s Risks or a Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) covering all risks typically covered by P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

A. At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this Contract.

B. The Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage shall provide coverage of $500,000,000.00.

ii. Charterer shall not be obliged to declare to the insurer all ships chartered by it.

Contractor will advise the insurer that the Charterer will not declare all ships chartered by it to the insurer, and shall obtain an endorsement on the policy stating, “the United States of America, as Charterer, is not required to declare to [insert insurer name] all ships chartered by it.”

(4) Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy as required by Part IV(g)(2) above; or fails to obtain for the United States the P&I Insurance for Charterer’s Risks or Time Charterer P&I policy/entry with War Risks coverage required by Part IV (g)(3) the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses involving covered risks and losses under the required insurance policies/coverage.

i. Contractor shall not, through action or inaction (including but not limited to failing to meet all conditions of a policy, causing through action or inaction cessation of a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage. If any such policy is vitiated or voided by Contractor’s action or inaction as described in this Paragraph i., Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy or coverage remained in full force and effect.

ii. In the event Contractor fails to strike “other than owner” or “as owner” provisions per Part g(2)ii, fails to amend supplemental limiting provisions as described in Part g(2)iii, or fails to amend provisions limiting payment or coverage as described in Part g(2)iv, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy had such provisions been stricken or amended as required

AMEND PART IV(h) WAR TO READ:

(h-1) WAR

(1) Voyage Instructions. Operating limits of the Vessel subject to this Contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, zone, or route 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 Contractor 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 Contractor indemnification against said risks pursuant to Public Law 85‐ 804 (72 Stat. 972, August 28, 1958).

(2) The Contractor shall immediately notify the Charterer: (i) whenever any sailing orders will result in the 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 Hull War, Strikes, Terrorism and Related Perils Listed Areas); (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 Hull War, Strikes, Terrorism and Related Perils Listed Areas) 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 Contractor shall ensure that the insurers provide it relevant information in a timely manner. If the Contractor has given this required notice to the Charterer, the Charterer will reimburse the Contractor 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 Hull War, Strikes, Terrorism and Related Perils Listed Areas 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 Contractor 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.

(3) Additional Wage Costs. The Charterer shall reimburse Contractor 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. Contractor 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.

ADD PART IV (h-2) GOVERNMENT WAR RISK INSURANCE/INDEMNITY TO READ:

(1) General. Upon receipt of notice and instructions from the Contracting Officer, as specified in the last sentence of Section H-1.2 of the section entitled “War (H‐1)” above, concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance, the Contractor 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 any area(s) excluded by the War Risk Trading Warranties, 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 Hull War, Strikes, Terrorism and Related Perils Listed Areas, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Contractor shall accept the Government’s indemnity or Government War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Contractor shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or Government 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 Government War Risk insurance becomes ineffective. The Contractor shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

(2) 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 Hull War, Strikes, Terrorism and Related Perils Listed Areas, or otherwise excluded under the Contractor’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Contractor:

i. War Risk Hull Coverage, insured at the vessel’s hull value, as determined by MARAD and subject to the limitations of 46 USC §53901 et seq.;

ii. War Risk Protection and Indemnity coverage, insured at a value of either (A) 150% of the hull value stated in Vessel's current commercial hull policy effective on Charter Party date or

(B) $50,000,000.00, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on Charter Party date;

iii. War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Master, Officer, or crew member (this is also the loss-of-life benefit);

iv. War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on the Vessel on Charter Party date. The sum insured by this policy, including the amount of lost time that is covered, will be equivalent to the levels insured by the Vessel's commercial policy.

However, the amount insured by this policy will in no event exceed the hire rate(s) (that would have been in effect under this Charter Party during the period of time that the vessel was off-hire because of a covered War Risk), over a maximum duration of 90 days lost. This maximum amount will be further subject to a deductible equivalent to that in place under the Vessel's commercial policy.

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

PART IV. TIME CHARTER COMMON TERMS AND CONDITIONS (Addendum to FAR 52.212-4) (an) CREW LIST. DELETE IN ITS ENTIRETY.

PART IV(k) SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES ADD the following sentence to IV(k)(1) Charterer’s Option: Charterer required to have a minimum of 4 supercargoes assigned to each vessel.

CALL OUT PART V(l) AND AMEND TO READ: (l) CONTRACTOR SECURITY (CS)

This contract language is activated when specifically called out in the RFP. Even when activated, CS may only be necessary during a portion of the contract as determined by the USG and the RFP.

The price of the CST shall be included in the firm-fixed-price; “award” shall refer to the award of the subcontract by the prime contractor. In the event of emergencies and in response to worldwide events, all contractors, regardless of callout in the original RFP, may be required to provide CS when so directed by the USG.

The team shall be onboard while in the CENTCOM AOR (starting 12nm north of the Suez Canal) until departure from the CENTCOM AOR (ending 12nm north of the Suez Canal) under this contract.

1) CONTRACTOR SECURITY. The Government requires the Contractor to furnish armed

Contractor Security (CS) with a minimum of four (4) persons, as follows:

a) Each individual shall, at a minimum:

i) Be armed with one semi-automatic or automatic rifle of 5.56 or 7.62 caliber and a minimum of 500 rounds of military-style full metal jacket ammunition. Included in the ammunition amount should be tracer ammunition for use in support of firing warning shots. See NTRP 3-07.2.2 Weapons Handling Procedures and Guidelines, Ch. 2, 4, 6, and 7 for weapon specification requirements (can be provided upon request). Be armed with one shotgun with a minimum of 20 rounds of appropriate ammunition for use against small Unmanned Aerial Systems (UAS).

ii) Meet the weapons qualifications contained OPNAVINST 3591.1 series or its equivalent.

b) The team shall have a minimum of two (2) laser dazzler devices to warn away or deter manned threats, e.g. small boats, small aircraft, helicopters, etc.

c) All team members must possess a current TWIC, or have successfully completed a terrorism check (Terrorism Screening Database) by the U.S. Government or commercial equivalent.

2) Contractor shall provide the security support necessary to ensure mission performance. CS shall, at a minimum, perform the following:

a) Prevent any Visit, Board, Search or Seizure (VBSS) force, of as many as 15 personnel, from boarding the vessel by any means, to include but not limited to, a helicopter assault.

b) Defend the vessel against pirates or terrorists who may use 2 to 20 small vessels simultaneously attacking both sides of the vessel and may be armed with automatic weapons and rocket propelled grenades.

c) Defend the vessel against suicide-bomber attacks by manned or remotely piloted small vessels laden with improvised explosive devices.

d) Defend the vessel against remotely piloted or GPS-controlled small UAS suicide-bomber attacks.

e) Defend the vessel against any other attack designed to steal or sabotage the vessel, its cargo, or cause death or serious bodily harm of its crew or supercargo.

3) The team shall be onboard during the duration of the portion of the voyage(s) specified in Box X. Contractor WILL PROVIDE approved firearms and ammunition for the CS as described in paragraph 1(a) above (as well as any body armor, tactical communications systems, or protective equipment for their use), and is responsible for delivery to and retrieval from the Vessel of these items. Contractor will provide berthing and victuals for the CS in accordance with the terms of this Contract. The presence of an Embarked Security Team (EST) aboard the ship at the same time as a CST does not eliminate the contractual obligations herein. If the USG decides to embark an EST, the EST will assume the lead on force protection duties, and the CST will be subordinate to their direction, through the Master, to include disarming and stowing their weapons, if required.

4) DOCUMENTATION REQUIREMENTS AND TIMELINE. The following timeline will be adhered to by all parties for the provision of notifications and documentation:

a) Not later than four (4) working days after award, or notification by the MSC KO/COR that

CS is required, the contractor shall provide the following for review/approval by the Government:

i) A statement of Certification and Warranty that:

(1) Security Contractor possesses a valid certification under International Standard ISO 28007, Ships and Marine Technology — Guidelines for Private Maritime Security Companies (PMSC) Providing Privately Contracted Armed Security Personnel (PCASP) On Board Ships.

(2) CS team members possess a current TWIC card or has undergone a terrorism check (Terrorist Screening Data Base) by the U.S. Government in accordance with the current version of USCG Port Security Advisory 5-09.

(3) Firearms that the CS team will bring onboard the vessel meet the Government ‘s requirements in para. 1 above.

(4) Only military-style full metal jacket ammunition will be supplied to and used by the CS.

(5) All CS team members have met the qualification requirement in para. 1(a)(iii) above and will sign a CS Acknowledgment (below) prior to embarkation.

b) Upon request, Contractor shall provide the Contracting Officer (KO) / Contracting Officers Representative (COR) with substantiating documentation the Contractor has met its contractually obligated standards, e.g., list of weapons, ammunition, and qualifications for the CS, list of CS personnel assigned (including full name and TWIC number or documentation of terrorism screening in accordance with para. 1(c)) for Quality Assurance purposes within seven (7) days.

c) Contractor is responsible for the secure transmission of any personally identifiable information (PII). Questions should be directed to the Contracting Officer or the COR.

5) PERMISSION FROM VESSEL’S FLAG STATE (NON-U.S. FLAG). The Contractor will warrant in its proposal that it has confirmed with the Vessel’s flag state (for a flag other than the U.S.) that embarkation of an armed CS for the purposes stated in the Contract does not violate flag state law. Once so warrantied, the Contractor shall hold harmless the USG for any violations of local or flag state law or international treaties required by contract performance.

The inability of a CS team to perform the contractual duties may result in non-compliance for purposes of proposal evaluation or a breach of contract terms during performance.

6) RULES FOR USE OF FORCE & LEGAL COMPLIANCE. When using force, to include deadly force, CS personnel will at a minimum comply with the use of force rules found in:

a) Current version of DoD Directive 5210.56, ARMING AND THE USE OF FORCE

(particularly enclosure 2 thereto);

b) Current version of SECNAV Instruction 5500.37, ARMING AND THE USE OF FORCE;

and

c) Current version of ALMSC Message, Subject: RULES FOR THE USE OF FORCE BY

MSC MARINERS.

The Contractor shall request copies of the above guidance from the Contracting Officer if they do not have it. Contractor shall immediately report any discharge of weapon(s) or use of force by CS personnel to the ship’s Master, Contracting Officer, and the MSC Area Commander, and shall cooperate with and ensure that CS personnel cooperate with any investigation of the incident by MSC, U.S. Navy, DoD, or other U.S. Government agency. The standing rules of engagement applicable to U.S. military members are not applicable to CS personnel.

7) WRITTEN CONTRACT SECURITY (CS) ACKNOWLEDGMENT OF CONTRACTOR,

SUBCONTRACTOR(S), & CS PERSONNEL.

a) Prior to embarkation of the CS, all CS personnel shall sign a CS ACKNOWLEDGMENT.

The Contractor is responsible for the submission of the CS Acknowledgment by CS personnel.

b) The CS Acknowledgment to the Contracting Officer will state that:

CONTRACT SECURITY (CS) ACKNOWLEDGMENT (CSA)

The undersigned AFFIRMS by signatures (along with their printed names and dates of signature) at the bottom of this Acknowledgment, that they have read and understand the contents of this

Acknowledgment, have truthfully provided any required information, and will comply with all requirements contained in this Acknowledgment.

(1) CS personnel have been briefed by the Contractor or CS subcontractor(s) and understand they will provide security on the Vessel and defend against threats to the Vessel, its crew, and DoD military cargo on board. In particular, CS personnel shall be prepared to:

a) Prevent any Visit, Board, Search or Seizure (VBSS) force, of as many as 15 personnel, from boarding the vessel by any means, to include but not limited to, a helicopter assault.

b) Defend the vessel against pirates or terrorists who may use 2 to 20 small vessels simultaneously attacking both sides of the vessel and may be armed with automatic weapons and rocket propelled grenades.

c) Defend the vessel against suicide-bomber attacks by manned or remotely piloted small vessels laden with improvised explosive devices.

d) Defend the vessel against remotely piloted or GPS controlled small UAS suicide-bomber attacks.

e) Defend the vessel against any other attack designed to steal or sabotage the vessel, its cargo, or cause death or serious bodily harm of its crew or supercargo.

(2) Unlawful or otherwise improper use of force may subject the Contractor, subcontractor(s), and their employees (including CS personnel) to criminal prosecution and/or civil liability under U.S., flag state, local, or international law.

(3) CS personnel have been briefed by the Contractor or CS subcontractor and understand limitations on the use of force. In particular, the standing rules of engagement applicable to U.S. military members are not applicable to CS personnel. When using force, to include deadly force, CS personnel will at a minimum, comply with:

i) Current version of DoD Directive 5210.56, ARMING AND THE USE OF FORCE (particularly enclosure 2 thereto);

ii) Current version of SECNAV Instruction 5500.37, ARMING AND THE USE OF FORCE; and

iii) Current version of ALMSC Message, Subject: RULES FOR THE USE OF FORCE

BY MSC MARINERS.

(4) CS personnel will only use U.S. government-approved firearms and ammunition. These government-approved firearms and ammunition, as well as any body armor, tactical communications systems, or protective equipment, will be furnished to the CS by the Contactor or CS subcontractor(s), who are responsible for delivery to and retrieval from the Vessel of these items.

(5) Contractor and subcontactor(s) acknowledge that the background and qualifications of CS personnel have been investigated, and certify these personnel are not prohibited under U.S. law to possess firearms, and all documentation provided to the Contracting Officer is accurate.

(6) CS personnel have properly filled out, signed, and provided DD FORM 2760

(QUALIFICATION TO POSSESS FIREARMS OR AMMUNITION) and MSC SUPPLEMENT TO DD FORM 2760. Contractor shall provide copies of these completed forms to the Contracting Officer with this CS Acknowledgment.

(7) CS personnel shall each carry a copy of the signed CSA with him or her at all times.

(8) Authorization for CS personnel to use firearms may be revoked for non-compliance with established rules for the use of force by the vessel Master or the Contracting Officer. In the event of such a revocation, the contractor shall:

(a) Provide immediate notification (within four (4) hours) to the Contracting Officer.

(b) Within 24-hours, provide a plan to return the CS to full capability, including providing all required documentation, certifications and Contract Security (CS) Acknowledgement for replacement personnel, for government acceptance/approval.

(9) CS personnel shall be current on all qualifications to use the specified Contractor or subcontractor-furnished and government-approved firearms and will not be issued or use any weapon with which they have not qualified (the date and types of qualification standards that individual CS personnel are in compliance with are set forth below under each of their printed names).

DELETE PART VI in its entirety and REPLACE with FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (June 2020) (41 U.S.C. 3509)).

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (June 2020) (31 U.S.C. 6101note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

XX (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

XX (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715…