24R4116 RFP.pdf

11 July 2024

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

SOURCES SOUGHT NOTICES, RFP’S, AMENDMENTS AND CONTRACT AWARDS

WILL BE POSTED TO THE SAM.GOV WEBSITE (ONLY) UNTIL FURTHER

NOTICE.

HTTPS://SAM.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N3220524R4116

Ref: (a) SF 1449

(b) MSC TANKTIME 2023 (11-23)

This acquisition is being conducted under FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. Only FAR Part 13 procedures will be used to solicit and evaluate proposals submitted by owners/offerors. Per FAR 52.216-1, the Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

MSC Strategic Sealift Program Support Office, N103A, 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 https://www.msc.usff.navy.mil, under “Business “Opportunities”, select “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 Owner/Offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

Notes:

1. EACH OWNER/OFFEROR SHALL SUBMIT ONLY ONE VESSEL PER OFFER.

SUBSTITUTIONS FOR VESSELS WILL BE ALLOWED UP UNTIL SUBMISSION OF

FINAL PROPOSALS IF COMMUNICATIONS ARE HELD AND FINAL PROPOSALS

ARE REQUESTED (SEE TANKTIME PART X(g)).

2. 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. OWNERS/OFFERORS ARE ENCOURAGED TO

SUBMIT OFFERS AS SOON AS POSSIBLE. NO JPEG FILES.

https://sam.gov/ https://www.msc.usff.navy.mil/

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N3220524R4116

6. Solicitation Issue Date: 11 July 2024

7. For Solicitation Information and Submittal of Proposals/Offers: Email David Anaya at david.c.anaya.civ@us.navy.mil; 757-443-5883

8. Offer Due Date: Thursday, 18 July 2024, at 1000 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)

10. This Acquisition is: Unrestricted; NAICS Code: 483111

14. Method of Solicitation: RFP 18a. Payment will be made by: ERP DFAS-CL (Pay DoDAAC N50082). Submit electronic invoices IAW Part VIII(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions.

18b. Submit invoices to: See Part VIII(7) MSC Specific Wide Area Work Flow (WAWF) Instructions.

27a. Solicitation incorporates by full text FAR 52.212-1, 52.212-3 Alt I, 52.212-4 and 52.212-5, tailored as indicated and appropriate.

PART I - TANKTIME BOXES:

1. VESSEL(S) REQUIRED:

One, clean, approved, U.S. or foreign-flag, tanker to be employed during Exercise SEACAT 2024 from 14 - 25 August 2024. The vessel will serve as a training platform to facilitate maritime security enforcement exercises - to include vessel boarding via surface - in the waters of Southeast Asia with the following minimum particulars:

A. There is a classified requirement in this solicitation. Owner/Offeror must acknowledge the existence of the classified requirement in this solicitation.

(1) Owner/Offeror or their representative, with appropriate security clearances in place, must submit to the Contracting Officer a request to review the classified requirement within one business day of the issuance of this solicitation and then must make the necessary arrangements at their expense to view the classified requirement at the appointed place and time provided, which must be prior to the solicitation response date and time. The opportunity to review the classified requirement will be lost if the Contracting Officer does not receive a request on time or if the Owner/Offeror misses the appointment.

There is no requirement to review the classified requirement prior to submitting an offer. Not reviewing the requirement prior to submitting an offer will not in and of itself render an offer ineligible for award.

(2) Offers will be considered against this requirement before any other evaluation. An offer found not acceptable with this requirement will not be mailto:david.c.anaya.civ@us.navy.mil further evaluated. Owners/Offerors will be notified if their offers were excluded because of this requirement.

B. Health and Safety: Owner/Offeror 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 Owner/Offeror agrees that the charterer may limit access to the vessel by any shore-side personnel upon the vessel’s port calls during this charter.

C. The following additional requirements apply:

(1) Scheme of Maneuver: On 15 August 2024, a US Coast Guard (USCG) detachment of six (6) personnel will embark in Singapore. The vessel will depart Singapore to the East on 15 August, proceed along the North Coast of Borneo, remaining within 50 nautical miles of the shore as navigational safety allows, and passing Brunei and Kota Kinabalu successively. The vessel will then proceed into the Sulu Sea via the Balabac Strait, and follow the South Coast of Palawan, remaining within 50 nautical miles of the shore as navigational safety allows, continue northeastwards to exit the Sulu Sea via the Mindoro Strait, and proceed to Manila, Philippines for arrival on 24 August. The USCG detachment will disembark at Manila on or about 25 August.

The general scheme of maneuver is represented in the following table - to include operational areas the vessel must visit at specific dates along her voyage:

14 August MSC On-Hire Inspection

15 August Embark US Coast Guard detachment

15 August Depart Singapore

18 August Arrive OPAREA 1 IVO Brunei

20 August Arrive OPAREA 2 IVO Kota Kinabalu

22 August Arrive OPAREA 3 IVO east of Balabac Island

23 August Arrive OPAREA 4 IVO northeast of Palawan Island

24 August Arrive Manila, Philippines

25 August Disembark USCG detachment/Vessel Off-hire Inspection

(2) Embarkation. On 14 August at ~1200 hrs. (Local) or upon completion of the vessel on-hire process, a meeting will be conducted, either in-person in Singapore or a teleconference via CISCO WEBEX, to review the concept of operations with the vessel’s Master. On 15 August at ~1600 hrs. (Local), the USCG detachment will embark the vessel.

(3) Communications. Communication will primarily be conducted via email. The vessel will be equipped with a satellite phone in the event that all other available communication methods fail. The vessel will have onboard among the licensed deck officers, at least one proficient English speaker. The vessel will be required to report via email their current position, course, and speed every two hours. Communication will be facilitated onboard by the presence of US government representatives.

(4) Exercise scenarios. Security forces from various nations participating in the exercise will conduct boardings and vessel searches at sea for training purposes. Boardings may be conducted via boat and will occur at pre-determined locations along the vessel’s route. Boarding exercises will be facilitated and supervised by the USCG detachment embarked in the vessel. During boarding operations, the vessel will respond to exercise radio queries and comply with exercise directions from the participating security forces, as well as the supervisory direction provided by the USCG detachment. While boardings are anticipated to occur in designated exercise areas off the North Coast of Borneo and in the Sulu Sea off Palawan, the areas may be adjusted in response to prevailing sea conditions and maritime traffic. Safety is paramount and no vessel will be expected to conduct a maneuver or activity considered unsafe by its Master. Boardings and vessel searches by security forces will likely be conducted within a larger training scenario in which the vessel and its crew may be asked to roleplay. The training scenarios will be provided in advance to the ship’s Master, along with the dates, times, and locations along the voyage route.

(5) Messing and berthing. The USCG detachment of six (6) personnel will require messing and berthing onboard the vessel. These costs shall be included in the charter rate.

(6) Vessel Characteristics/Capabilities:

MINIMUM VESSEL REQUIREMENTS TABLE

FLAG

U.S. or Foreign except People’s Republic of China, Iran, Myanmar, North Korea, Pakistan, Russia, Syria, or Venezuela

TYPE OF VESSEL Tanker

LENGTH OVERALL Any

BEAM Any

TONNAGE Minimum 5,000 DWT

MAXIMUM SPEED Minimum 12 Kts

FREEBOARD Maximum of 7m while on hire

DRAFT Maximum of 10m Laden Summer Draft

COMMUNICATIONS

Primary means of communications via Email; voice satellite phone; means of VHF voice radio communications. At least one licensed deck officer shall be proficient in English.

MESSING &

BERTHING

Messing and berthing for Six (6) non-crew personnel

CREW

Officers and crew from all nationalities are acceptable except People’s Republic of China, Iran, Myanmar, North Korea, Pakistan, Russia, Syria, or Venezuela

D. For U.S. flagged vessels, the Owner/Offeror must provide a copy of vessel’s current

USCG Certificate of Inspection (COI). For foreign flagged vessels, the Owner/Offeror must provide a copy of vessel’s current USCG Certificate of Compliance (COC) (if issued), or the Flag State equivalent. A Flag State equivalent shall include information on any deficiencies discovered by the Flag State during the most recent inspection of the vessel, and remedies taken; the minimum manning requirements (e.g., Safe Manning Document); the safety equipment and appliances required on board; the total number of persons allowed to be on board the vessel; and the names of the owners and operators of the vessel. The COI, COC, or Flag State equivalent documents submitted by the Owner/Offeror shall be current and not expire throughout the duration of the charter.

E. Owner/Offeror must provide General Arrangement drawing and ABS.

F. Owner/Offeror must provide Vessel Specification Sheet.

2. PLACE/RANGE OF DELIVERY:

Singapore or a designated anchorage in the vicinity of Singapore

3. PLACE/RANGE OF REDELIVERY:

Manila, Philippines or a designated anchorage in the vicinity of Manila, Philippines

4. CHARTER PERIOD:

12 days

5. LAYDAYS:

Commencing: 14 August 2024, 0800 hrs. (Local) Canceling: 14 August 2024, 1600 hrs. (Local)

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

PART III. TANKER TIME TERMS AND CONDITIONS (Addendum to FAR 52.212-4) AMEND: Part III(a)(1) Charter Hire to read as follows:

Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 13-15 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), penalty time, bonuses, payments, meals and hotel services for six (6) personnel from USCG Detachment, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service and including the carriage of ammunition and hazardous cargoes. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Paragraphs IV(p) (Fuel) and IV(n) (Port Charges and Expenses) below, respectively, and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in Part III(g) (Loading and Discharging) below.

ADD: Part III(o) ALTERATIONS (APPLICABLE TO TANKER SECURITY PROGRAM

(TSP) VESSELS ONLY)

The Charterer shall be at liberty to direct any alterations related to Consolidated Cargo Operations (CONSOL and secure communications it may require beyond what is onboard at the commencement of this Charter; such work to be directed via bilaterally modification, and may require the contractor to undertake all aspects of the alteration planning and execution. The Government shall have the right to abandon in place any CONSOL or secure communications alteration or related Government furnished property, at no cost.

PART IV. TIME CHARTER COMMON TERMS AND CONDITIONS (Addendum to FAR 52.212-4)

AMEND: Part IV(k)(1) Charterer’s Option, to read as follows:

Charterer’s Option. Charterer’s Option. The Charterer shall have the right to assign supercargo (supercargo as used herein is both plural and singular) and other Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification (when applicable) allow and in accordance with COMSC Instruction 3121.9 Series. The Charterer shall pay an amount of $30.00 per day, per person for personnel other than the six (6) Personnel who are included in the charter hire rate. This amount covers all expenses including accommodations and victualling. The Owner shall victual U.S.

Government designated representatives, pilots, and Customs Officers when authorized by the Charterer at $7.00 per meal. The Government particularly reserves the right to put a representative onboard the Vessel, with the pilot, at the approach to a discharge port (or otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading;

reimbursement for accommodations and/or victualling is to be as described above.

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

REPLACE PART VI WITH THE FOLLOWING:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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 products and commercial services: [Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

___ (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.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

XX (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

XX (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

XX (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (36)(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.

____ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

XX (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

XX (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513).

XX (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

(OCT 2018) (31 U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

XX (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

XX (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232-40.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) https://www.acquisition.gov/far/52.212

PART VIII ADDITIONAL FAR AND DFARS CLAUSES; Amend/Add the following:

AMEND: Part VIII(b)(27) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (MAY 2024) (DEVIATION 2024-O0013) - CHECKED.

PART VIII(c)(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions;

VIII(c)(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions

VIII(c)(6)(f)(1)(ii)(A) Not Applicable

VIII(c)(6)(f)(1)(ii)(B) Invoice 2-in-1

VIII(c)(6)(F)(3): Document routing: The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N50082 Issue By DoDAAC N32205 Admin DoDAAC N32205 Inspect By DoDAAC N62387 Ship To Code N62387 Ship From Code Leave Blank Mark For Code Leave Blank Service Approver (DoDAAC) N62387 Service Acceptor (DoDAAC) N62387 Accept at Other DoDAAC Leave Blank LPO DoDAAC N62387 DCAA Auditor DoDAAC Leave Blank Other DoDAAC(s) Leave Blank https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F52.212&data=05%7C02%7Crobbin.a.jefferson.civ%40us.navy.mil%7Cfe7857c322a24299c44208dc5e31b306%7Ce3333e00c8774b87b6ad45e942de1750%7C0%7C0%7C638488814751576230%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=HuqJ%2FB%2FClTyUo%2FZEMGiSvx9RMZ3QCq6xvd%2FRQp1mE1g%3D&reserved=0

PART IX. ATTACHMENTS – TANKER TIME CHARTER; Add the following:

(c) TANKTIME Fuel Consumption Template

PART X. INSTRUCTIONS TO OFFERORS; Amend or add the following:

Owners/Offerors shall comply with all parts of the solicitation and shall use the guidelines set forth in Part X for submission of offers.

Amend PART X(a)(1)(h) Multiple Awards to read: “Reserved.”

Add PART X (a)(1)(o) Class Deviation 2023-O0001 — Verification of Eligibility of Small Business Joint Ventures. A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

PART XI(b); Add the following as the final sentence:

“Offers will be forwarded by the technical team to COMSC Intelligence (N2) to determine if the vessel complies with the classified requirement.”

PART XI(e) PRICE; Amend the following:

XI(e)(a) The Offeror’s price proposal will be evaluated based on the value of the charter hire rate(s) offered for the entire charter period of (a) 12 days, price for fuel, and any other pricing elements set forth in the offer. For evaluation purposes the period of performance will consist of

(b) 12 days. Fuel calculations will be based upon (c) 0 days underway laden at the speed specified in the individual solicitation, using fuel consumptions provided in TANKTIME Boxes 89 and 91), (d) 10 days underway ballast at the speed specified in the individual solicitation, using fuel consumptions provided in TANKTIME Boxes 90 and 91, (e) 0 days in port idle/loading, using the fuel consumption provided in TANKTIME Box 92a, and (e) 02 days in port discharging, using the fuel consumption provided in TANKTIME Box 92b). This will represent the overall cost to the Government. The proposed price(s) must be determined to be fair and reasonable.

XI(e)(b) Add the following to the body of the already-existing paragraph: MGO/MDO:

$1,299.04 per metric ton.

THIS CONCLUDES THE CHANGES TO PART I, TANKTIME BOX 6

(TERMS/CONDITIONS/ATTACHMENTS ADDED, DELETED OR MODIFIED).

SIGNED: DANNY W. DAVIS, CONTRACTING OFFICER, MSC, N103A

11 July 2024