25R4049 RFP.pdf

10 March 2025

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 FUTHER NOTICE.

HTTPS:// SAM.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST

Subj: RFP N3220525R4049

Ref: (a) SF 1449

(b) MSC DRYTIME 2024 (12-24)

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 up to two, firm-fixed-price contracts 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.

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. NO JPEG FILES.

2. IN REFERENCE TO THE PROFORMA'S "WAR" SECTION, CONTRACTORS ARE

NOTIFIED THAT THE RED SEA, THE BAB AL-MANDEB STRAITS, AND GULF

OF ADEN ARE DESIGNATED IMMINENT DANGER PAY LOCATIONS; MSC

CIVMARS RECEIVE IMMINENT DANGER PAY OF $225.00 FOR THE ENTIRE

MONTH OR $7.50 PER DAY WHILE IN THE AREA.

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.: N3220525R4049

6. Solicitation Issue Date: 10 March 2025

7. For Solicitation Information: Email Matthew Price at matthew.r.price40.civ@us.navy.mil and David Anaya at david.c.anaya.civ@us.navy.mil; 564-226-8419.

8. Offer Due Date: Monday, 17 March 2025, 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(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-DRYTIME BOXES:

1. Vessel(s) Required:

A. General: This requirement is for U.S. or foreign-flagged Roll-On/Roll-Off (RO/RO) vessels (multiple awards up to two vessels or until the needs of the government have been met) capable of providing hotel services for a minimum of 14 Marines and transporting a minimum of 40,000 square feet of rolling stock and general cargo, as described in the attached list.

Vessel(s) will transit between ports in the Western Pacific region for a charter period of 180-days with one (1) 180-day option. Loading and unloading of cargo, and securing of government property for sea will primarily be conducted by the vessel owner with assistance from Sponsor personnel. If multiple ships are offered, the minimum capacity is 6,000 sq. ft.

per vessel. The vessel(s) will conduct port-to-port logistics operations and personnel movements in support of U.S. Marine Corps (USMC) missions and exercises.

(1) Sustainment & Range: Vessel(s) shall support an embarked force of 14 cargo management personnel for up to 21 days without resupply; achieve a speed of at least 10 knots while loaded; and be capable of 5,000 nautical miles of uninterrupted transit.

(a) Hotel Services:

• The Contractor shall provide meals and stateroom style berthing accommodations for up to 14 male and female Sponsor personnel with costs to be included in the charter rate. Supercargo personnel in addition to fourteen (14) Sponsor personnel may be requested to the limit of available berthing with two weeks of advance notice. The government will reimburse the vessel owner for additional Supercargo personnel hotel service/meals at a rate of $50 USD per person, per day. The mailto:matthew.r.price40.civ@us.navy.mil mailto:david.c.anaya.civ@us.navy.mil contractor will provide a list of personnel to the Military Sealift Command Program Office (PM41) after each voyage, prior to invoicing.

(b) Berthing Accommodations:

• Curtained-off bunks are acceptable. Locking showers/heads shall be provided to ensure privacy in the event of “Jack and Jill” berthing arrangements (shared between staterooms). All accommodations shall be air conditioned and heated. The following stateroom configurations are acceptable:

- Four person staterooms with private head and shower.

- Two-person staterooms with private or shared head and shower.

- In no case will more than four (4) persons share head and shower facilities.

(c) Meals and Support Services:

• The vessel shall provide three full meals per day for Sponsor personnel, with accommodation for persons with special dietary requirements (e.g., Halal).

Supercargo personnel in addition to fourteen (14) Sponsor personnel may be requested to the limit of available berthing.

(d) Medical and Sanitation:

• Medical facilities and treatment capability shall be described in offeror technical proposals.

• Automated External Defibrillators (AEDs) shall be accessible in passenger and crew areas in accordance with ABS and IACS requirements. Sponsor personnel shall be briefed on storage locations and use.

(2) Cargo & Loading: A minimum of 40,000 sq ft of cargo space is required. This space must accommodate vehicles and cargo shown in the attached cargo list. Adequate space for sponsor personnel to move between vehicles must be provided for minor maintenance during transit. RO/RO functionality via a suitable ramp system is required for loading and unloading at port; beach landing capability should be specified, if available (not required).

(a) Cargo Space:

• A minimum of 40,000 square feet of total cargo area (deck or combined deck/hold space) suitable for loading and securing USMC rolling and non-rolling stock, containers, and additional mission equipment.

• Deck strength and tie-down configurations must accommodate typical USMC wheel loads (e.g., trucks, tracked vehicles, ISO containers), with adequate spacing for flexible stow plans.

• The Government may require periodic re-stow or reconfiguration of cargo, subject to safe loading practices both in port and at sea.

• Chains, binders and tie-down materials to be provided by the Contractor.

(b) Deck and Lane Width:

• Provide clearly marked lanes or open deck areas that permit the safe maneuvering of standard Marine Corps vehicles, including those referenced in the Government Cargo List.

• Incorporate sufficient tie-down points (lashing rings or equivalent) and tie down equipment for secure stowage in compliance with expected sea states.

(c) Ramp System (Port-to-Port RO/RO Operations):

• Ramp Dimensions:

o Ramp shall be sized to accommodate large vehicles or containers as listed in the PWS.

• Ramp Capacity and Traction:

o Ramp shall sustain the heaviest USMC vehicle loads expected during RO/RO evolutions (as identified in GFE data).

o Traction elements (e.g., traction bars, non-skid) shall be in place to ensure safe movement under wet or slippery conditions.

• Operational Parameters:

o Ramp operations shall be supported to accommodate port-to-port transfers of vehicles and cargo from/to improved facilities (pier, ramp, barge, or improved landing ramp) as generally found in commercial port facilities.

(3) Operational Schedules & Mission Flexibility:

(a) The vessel Master(s) shall be responsible for the safety of the ship, all personnel onboard and government cargoes. The Master of the vessel shall be responsible for meeting overall schedule requirements. The Master shall work closely with the Sponsor’s onboard Officer-in-Charge (OIC) to conduct operational planning (including daily activities) and employment of the vessel to ensure overall mission accomplishment.

(b) The Government will supply the vessel(s) Master with relevant mission planning information, including cargo manifests, passenger rosters, and any special security or force protection measures. Cargo manifest and personnel rosters will be coordinated in advance of departure.

(c) The Government will promptly provide updates to changed details (e.g., changes in port schedules) as conditions evolve.

(d) The Government reserves the right to alter port calls, routes, schedules, or cargo requirements due to emergent operational needs. The Contractor shall make every reasonable effort to accommodate such changes. Any associated costs or schedule impacts shall be addressed via the appropriate contract modification or reimbursable line items, if applicable.

(4) Fuel Procurement, Storage and Transfer/Delivery:

(a) The contractor shall procure fuel for the vessel and the Government equipment on a reimbursement basis with appropriate receipts and supporting documents.

(b) Diesel fuel for Government equipment may come from ships service tanks.

(c) All transfer systems shall meet ABS / IACS class requirements and environmental regulations, with emergency shutoff controls and proper spill containment.

(d) Vessel owner shall advise Government of any vehicle fuel load restrictions for loading

(e.g. full tank, half tank, etc.).

2. Place / Range of Delivery:

Pearl Harbor, HI or a designated anchorage in the vicinity of Pearl Harbor, HI

3. Place / Range of Redelivery:

Pearl Harbor, HI or a designated anchorage in the vicinity of Pearl Harbor, HI

4. Charter Period:

About 180-day base period plus one 180-day option period.

5. Laydays:

Commencing: NLT 08 May 2025, 0800 hrs. (Local) Cancelling: 08 May 2025, 1600 hrs. (Local)

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

Program Office Request for Offerors:

• Please provide response to all items in PART I DRYTIME, Box 1.Vessel Required.

• Please provide Vessel Specification sheet, General Arrangement drawing, Pictures of

Sponsor berthing, recreation and work areas, and ABS and USCG COI or equivalent regulatory certificates.

• The loading/discharging shall be conducted by the owner/vessel crew with assistance from Sponsor personnel in DRYTIME Proforma (12-24).

PART III. DRY CARGO (TIME) TERMS AND CONDITIONS (Addendum to FAR 52.212-4)

Amend Part III(g) LOADING AND DISCHARGING sections to read as follows:

(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 all of the 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. All material required for securing cargo is to be furnished by the Vessel Owner, and 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.

(5) Stevedore Damage. The Charterer is not to be responsible for any physical damage done to the Vessel by contractor/contracted stevedores on loading and/or discharging regardless if such damage is occasioned by negligence, breach of warranty or breach of contract and the Master advises the Charterer, or the Charterer's representatives, if Charterer is at fault, in writing, within twenty-four hours after occurrence of the specific damage and the Master further notifies the parties who have caused this damage, in writing, and endeavors to obtain their admission of liability. As soon as practicable after such damage is sustained, the Owner is to have an independent survey made to define and estimate the damage; a written copy of the survey report is to be promptly forwarded to the Charterer, if Charterer is at fault. All claims are to be settled directly between the Owner and the contractor/contracted stevedores, without the Charterer being responsible.

(6) Charterer's Responsibility. The Vessel Owner shall load, stow, trim, secure, and discharge the cargo with assistance from Sponsor personnel, all in compliance with applicable laws and regulations and the permit/waiver requirements there under; notwithstanding, however, that the Master shall supervise and be responsible for such actions as they concern the seaworthiness and stability of the Vessel. The Owner shall arrange for stevedoring services, if required, at ports visited under this Charter, with reimbursement for all necessary and reasonable agency fees, all reasonable costs of loading and/or discharging, and port charges in accordance with IV(n) (Port Charges and Expenses) below, II(i) (Payment) above, and IV(y) (Reimbursable Supplies and Services (Charters)) below.

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:

The Charterer shall have the right to assign supercargo (supercargo as used herein is both plural and singular), in addition to 14 Sponsor personnel aboard the vessel if space permits, 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 $50.00 per day, per person, covering all expenses including accommodations and victualling for additional supercargo personnel other than the 14 personnel identified in the PWS. The Owner shall victual U.S.

Government designated representatives, pilots, and Customs Officers when authorized by the Charterer. 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.

http://www.acquisition.gov/far/index.html http://www.acquisition.gov/far/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

(MAR 2025) (DEVIATION 2025-O0003)

(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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 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]

XX (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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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).

XX (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (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. 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 (Jan 2025)( E.O.

13126).

__ (33) [Reserved]

__ (34) [Reserved]

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 (Jan 2025) ( 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 (Jan 2025) 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.

118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

XX (65) (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).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(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 (Jan 2025) ( 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) [Reserved]

(x) [Reserved]

(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 (Jan 2025) ( 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.

118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 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; add/amend the following:

Add: (b)(61) DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (DEVIATION 2024-O0014) (AUG 2024) - CHECKED

Add: (b)(62) DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014) (AUG 2024) - 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 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

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 TIME CHARTER; add the following:

(b) U.S. Department of Labor Wage Determination 2019-0288, Rev. 22

(c) DRYTIME Fuel Consumption Template

(c) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003)

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

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

AMEND PART X(a)(1)(b)(10) Past Performance Information, to read “Reserved.”

AMEND PART X(a)(1)(b)(12) Subcontracting Plan, to read as follows:

“Subcontracting Plan. (Added) In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. Large businesses may provide rationale if small business opportunities do not exist.

For large businesses, unless determined that sub-contracting possibilities do not exist, the Government will evaluate the Small Business Subcontracting Plan in accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan acceptable to the Contracting Officer will make the offeror ineligible for award of a contract.

A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.”

AMEND PART X(a)(1)(m) Multiple Awards, to add the following as final sentence:

“The Government anticipates multiple awards for up to two chartered vessels.”

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. FAR 52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND

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

CHARTER

Amend PART XI(e) PRICE to read as follows:

PART XI (e) a. Add the following numbers of days:

(a) (Number of Days for the entire Charter Period): 360

(b) (Number of Days for the period of performance): 360

(c) (Number of Days Underway Laden): 118

(d) (Number of Days Underway Ballast): 0

(e) (Number of Days In port Idle): 242

(f) b: Add the following:

b. MGO/MDO: $1,299.04 per metric ton

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 Com-mercial Services (MAR 2025) (DEVIATION 2025-O0003). See Part IX(e).

THIS CONCLUDES THE CHANGES TO PART I, TANKTIME BOX 6 (TERMS/CONDITIONS/

ATTACHMENTS ADDED, DELETED OR MODIFIED).

SIGNED: DANNY DAVIS, CONTRACTING OFFICER, MSC, N103A