24R4142 RFP.pdf

20 August 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 N3220524R4142

Ref: (a) SF1449

(b) MSC DRYVOY 2023 (11-23)

This procurement is a FAR Part 12 acquisition being conducted under FAR 15 Contracting by Negotiation. 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.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.

NOTES:

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. NO JPEG FILES.

2. THIS IS A SPOT CHARTER; AS SUCH, ALL PROFORMA SECTIONS THAT

ADDRESS LONG TERM CHARTERS ARE NOT APPLICABLE.

STANDARD FORM 1449 BOXES:

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N3220524R4142

6. Solicitation Issue Date: 20 August 2024

7. For Solicitation Information: Email Matthew Price at matthew.r.price40.civ@us.navy.mil 757-443-3974 and Robbin Jefferson at robbin.a.jefferson.civ@us.navy.mil

8. Offer Due Date: Tuesday, 27 August 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) or DFAS-One Pay (Pay DoDAAC N68732). Submit electronic invoices IAW Part VIII(6) DFARS 252.232- 7006 Wide Area Work Flow Payment Instructions 18b. Submit invoices to: See Part VIII(C)(7) MSC 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 - SPECIALTIME BOXES:

1. Vessel(s) Required

U.S or foreign flag, Float-On/Float-Off (FLO/FLO) vessels (up to two vessels or until the Government’s needs are met) capable of carrying three (3) Landing Craft Utility (LCU) 2000 class landing craft. Due to the construction of the LCUs, Lift-On/Lift-Off (LO/LO) options will not be considered for the LCUs.

2. Cargo Description

Three (3) LCUs: LCU-2011, LCU-2026, and LCU-2030

Cargo Particulars for Each Vessel:

LENGTH: 174.0 feet BREADTH: 42.0 feet DEPTH: 11.0 feet DRAFT: 6 feet forward and 8.0 feet aft, mean draft 7 feet DESIGN: 10.5 Feet WEIGHT: Light Displacement 632.34 LT; actual estimated displacement of each LCU is

1200 LT

HEIGHT: 77.75 feet (keel to highest point)

EXPECTED TANK LEVELS:

LCU 2011- Water 1,000 gal or less in three tanks. Fuel 42,000 gal diesel LCU 2026- Water 1,000 gal or less in three tanks. Fuel 25,000 gal diesel LCU 2030- Water 1,000 gal or less in three tanks. Fuel 27,000 gal diesel

LCU 2011 has deck cargo of one 20-foot shipping container weighing 10,000 pounds.

LCU 2000 diagrams available upon request.

a. Load Terms

FLO/FLO

b. Discharge Term

FLO/FLO

3. Load Port/Place Rota, Spain

4. Laytime

6 days, SSHEX

5. Discharge Port:

Norfolk, VA (USA)

6. Laydays:

Owners/Offerors are to provide a 5-day layday window for loading that satisfies the requirement for delivery in Norfolk, VA (USA) no later than 05 November 2024.

Note: Award is anticipated for the week of 23 September 2024.

7. Terms/Conditions/Attachments added, deleted or modified

Special Requirements:

A. Health and Safety Requirements: 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.

B. Documentation: Upon award, Owner/Offeror will provide open and/or overdue conditions of class, statutory conditions, any short-term certificates vice full certificates with reasoning, current deficiencies per category and corrections are planned, any USCG (or relevant flag state regulatory body) or 835’s that are outstanding, and any classification society open ISM findings and/or observations. This is to assist Military Sealift Command in determining the scope of On-hire inspection.

C. AMEND PART III(d)(2) to read: Qualifications. The Master, Officers, and crew shall be U.S. citizens (if vessel is U.S. flag), conversant with English, and in possession of valid and current certificates, licenses, and documents.

D. Part IV(l) (Reimbursable Supplies and Services (Charters)

Pursuant to PART IV (v) - Supercargo

1. Two (2) supercargo is required and will be assigned for transit aboard FLO/FLO vessel.

2. Add paragraph (v)(5) to read, “During loading and discharging operations up to 3 meals per day will be provided for up to 12 additional persons representing government and Independent Marine Surveyor (IMS) aboard vessel.”

E. Call out Part V(a) Position Reports.

Position reports shall be provided to the following addresses:

MSC_N321A_DryCargo@us.navy.mil ctf63-msceuraf-n3-cargo@us.navy.mil msc_bwc@us.navy.mil MSCLANT_N32@us.navy.mil transcom.scott.tccs.list.msc-detachment-ops@mail.mil

F. Loading, securing, transit, and discharge of cargo must be done in accordance with U.S.

Navy Towing Manual, Chapter 8. The U.S. Navy Towing Manual is available at https://www.navsea.navy.mil/Home/SUPSALV/00C2-Salvage/Salvage-Publications or upon request.

1. Offerors are to respond to RFP with initial “Transport Manual” as outlined in the U.S.

Navy Towing Manual Section 8-3 (3.3) to ensure offered vessel is acceptable and Owner/Offeror understands the requirements of the U.S. Towing Manual for this contract.

2. Final Transport Manual shall be submitted as soon as practical prior to commencement of planned load date for final approval. Load approval will not be given without written approval from IMS.

3. IMS shall provide detailed report including statement of facts for loading and discharging operations.

4. Daily, or as operationally needed, contractor shall provide launch service for

FLO/FLO operations at load and discharge port. Expenses of launch service are part of the lump-sum price.

5. Post award planning meetings are required to review and approve the final Transport Manual. Contractor is expected to provide load master and IMS to attend. These meetings can be virtual.

6. During load and discharge operations, periodic updates are required on the progress of ready to load, ready for sea, and discharge.

7. There will be a preload meeting in port Rota prior to operations where contractor will provide their load plan to all parties. Contractor to supply meeting venue.

8. There will be a predischarge meeting in port Norfolk prior to operations where contractor will provide their discharge plan to all parties. Contractor to supply meeting venue.

G. FLO/FLO Locations: Owners/Offerors to identify suitable load and discharge site(s)/location(s) for FLO/FLO operations. Locations on U.S. Naval Station Rota and/or Naval Station Norfolk shall not be considered for conduct of these operations because access to facilities are not guaranteed.

H. Call Out Part V as follows:

(u)(1) through (5) Loading and Discharging (FLO/FLO) (v)(1) through (3) Independent Surveyor (FLO/FLO)

(w) Notice of Readiness (FLO/FLO) (x)(1) through (2) Laytime/Demurrage (FLO/FLO) (y)(1) through (2) Alternate Loading or Discharging Site (FLO/FLO)

(z) Charter Alterations (FLO/FLO)

Amend (u)(4)(iii) to read, “All costs of securing and unsecuring the cargo, including costs of labor and materials associated with lashing, securing, bracing, blocking, cribbing, cradling, and all fastenings, fittings, posts, blocks, and line handlers aboard cargo required therefor.

Amend (u)(5)(iv) to read, “An independent, recognized marine surveyor, selected jointly by Owner and Charterer shall be engaged by the owner and all costs are for the owner’s account.”

Amend (u)(5)(ii) and (u)(5)(iii) by adding the following sentence to the end of each paragraph, “The LCUs are operational and will self-deploy to within 50 ft of FLO/FLO vessel.”

I. Bunkers: Vessel to be fully bunkered for the intended voyage.

J. Itinerary: Provide complete mission itinerary prior to load port to include laydays and arrivals and departures at all ports.

K. Classified Requirement

1. There is a classified requirement in this solicitation. 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 then make the necessary arrangements at their expense to view the classified requirement at 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 not a 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 further evaluated. Owners will be notified if their offers were excluded because of this requirement.

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

1. Certificate of Documentation (COD)

2. Certificate of Inspection (COI). 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 applicable), or the Flag State equivalent. A Flag State equivalent certificate shall include on it any deficiencies discovered by the Flag State during the inspection of the vessel and their remedies, the minimum manning requirements, the safety equipment and appliances required on board, the total number of persons allowed to be on board the vessel, the names of the owners and operators of the vessel. The COI, COC, or Flag State equivalent certificate submitted by the offeror shall be current and not expire throughout the duration of the charter.

M. Offer Detail: Owner/Offeror shall submit a warranty that the Owner/Offeror acknowledges and will meet all requirements of the solicitation.

1. Offer shall submit items 6, 7F(1), 7G, 7J, and 7L.

2. Owner/Offeror shall acknowledge Items 2, 3, 4, 5, 7A through 7E, 7F(2)through 7F(8), 7H, 7I, 7K, 7M.

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).

(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).

XX (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.

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

XX (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. 637s).

XX (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).

XX (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) (15U.S.C. 637(a)(17)).

XX (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

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.

XX (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.

XX (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.

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

XX (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).

__ (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) (Executive Order 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. 552 a).

__ (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 (Oct2018) (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.]

XX (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

XX (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).

XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

XX (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 2015) (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).

(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.

(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 PART VIII(b)(27) to read: – 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

PART IX. ATTACHMENTS – DRY CARGO VOYAGE CHARTER; add the following:

(c) U.S. Department of Labor Wage Determination, 2019-0288, Revision 20

(e) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) Alternate I (FEB 2024)

PART X. INSTRUCTIONS TO OFFERORS

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.”

Amend Part X(a)(1)(n) FAR 13.5 Acquisition, to read “Reserved.”

Add Part X (a)(1)(o) FAR 15 Acquisition. This procurement is a FAR Part 12 acquisition being conducted under FAR 15 Contracting by Negotiation. Accordingly, the policies and procedures for solicitation, evaluation, and award authorized by FAR Part 15, “Contracting by Negotiation “procedures apply. The Government intends to award without discussions. Pursuant to FAR 52.212-1(g), however, the Government reserves the right to conduct discussions if it later determines them to be necessary.

PART XI DAR 52.212-2 EVALUATION – COMMERICAL PRODUCTS AND

COMMERCIAL SERVICES NOV 2021) (tailored pursuant to FAR 12.302 (a)) – SPOT

CHARTER

Amend PART XI(a) first paragraph to read as follows:

Award will be made, if at all, resulting from this solicitation to the responsible offeror (See Note (1) below) whose technically acceptable proposal represents the lowest price to the Government. If this RFP includes DFARS 252.247-7026, then this evaluation scheme is subject to the next paragraph.

Amend PART XI(b)to read as follows:

In selecting the lowest-priced, technically acceptable offer, the following factors will be considered:

Technical Price

In compliance with Cargo Preference, the Contracting Officer may elect to only evaluate U.S.

flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

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

Amend PART XI(d) Past Performance to read, “Reserved.”

Amend Part XI(g) Options to read: “Reserved.”

PART XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED

BY FAR

Replace Part XII(c)(3) with the following:

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) Alternate I (FEB 2024). See Part IX(e).

THIS CONCLUDES THE CHANGES TO PART I, DRYVOY BOX 7 (TERMS/CONDITIONS/

ATTACHMENTS ADDED, DELETED OR MODIFIED).

SIGNED: ROBBIN JEFFERSON, CONTRACTING OFFICER, MSC, N103A