25R4070 RFP.pdf

16 April 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 N3220525R4070

Ref: (a) SF 1449

(b) MSC TANKTIME 2024 (REV.1 (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 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. 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 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.: N3220525R4070

6. Solicitation Issue Date: 16 April 2025

7. For Solicitation Information: Email David Hamilton david.k.hamilton19.civ@us.navy.mil;

564-230-3260 and Michelle Jamess at michelle.d.james7.civ@us.navy.mil; 564-230-3323

8. Offer Due Date: Tuesday, 22 April 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-TANKTIME BOXES:

1. VESSEL(S) REQUIRED:

One, clean, approved, U.S. Jones Act, Articulated Tug and Barge (ATB)/ Integrated Tug and Barge (ITB)/ Non-connected Tug and Barge or double-hull MR Tanker, with an Inert Gas System (IGS) or equivalent system and Segregated Ballast Tanks (SBT) that is capable of carrying a minimum of 230,000 bbls of clean product (JP5/F76/JAA) for MR Tankers or 150,000 bbls of clean product (JP5/F76/JAA) for ITB/ATB or Non-Connected Tug and Barge within vessel’s natural segregation in designated cargo tanks and with the following minimum particulars:

a) Vessel must be a party to the Ship Inspection Report (SIRE) System, and Owner/Offeror must provide a copy of a Q-88 with a date no earlier than 60 days prior to offer submission.

b) VESSEL AGE – see TANKTIME 2024 (Rev. 1 (12-24)) Part II (o) (7) Age of Vessel. (For double hull tankers only)

c) Vessel age for non-self-propelled vessels such as ATB/ITB/Non-Connected Tug and Barge that are 15 years or older must provide a list of refineries to include dates and cargoes loaded within the last six months. Additionally, owner/offeror must confirm the vessel has no known discrepancies noted from previous loadings that to their knowledge would preclude entry into a DFSP or refinery.

d) Vessel’s Q-88 must detail current acceptances and dates of inspection. There shall be at least one

SIRE inspection not more than six months prior to the commencement of laydays under this charter; Owner/Offeror shall confirm that such inspections were satisfactory.

e) Vessel must have a SBT.

mailto:david.k.hamilton19.civ@us.navy.mil mailto:michelle.d.james7.civ@us.navy.mil

f) Based on the type of vessel being offered for this RFP, the vessel must have an IGS or equivalent, as per, IMO SOLAS and/or USCG requirements.

g) Vessel cannot exceed a maximum LOA of 201 meters.

h) Vessel cannot exceed a maximum DWT of 50,000 MT. (Re-measuring DWT is allowed at owner’s expense. Re-measurement must be completed before tendering NOR. Upon tendering NOR the most current Q-88 must reflect the new DWT.)

i) Vessel cannot exceed a maximum beam of 32.3 meters.

j) Vessel cannot exceed a maximum manifold height above waterline of 13.00 meters while laden.

k) Vessel must be capable of maintaining a minimum Speed of Advance (SOA) of 13 knots for MR

Tankers and 9-10 knots for ATB/ITB/Non-connected Tug and Barge in moderate weather (Force

5) while laden.

l) Owner/Offeror must provide vessel stowage plan demonstrating vessel’s ability to load a minimum of 230,000 bbls (JP5/F76/JAA) with a maximum draft of 11.00 meters for MR Tankers and 150,000 bbls (JP5/F76/JAA) with a maximum draft of 11.58 meters for ATB/ITB/Non-connected Tug and Barge.

m) Vessel cannot exceed a maximum loading arm height of 26 meters.

n) Vessel must have capability to lift cargo hoses with cruciform bits to the manifold on both port and starboard side.

o) Owner/Offeror must provide a copy of vessel’s current Class Society issued Safety Management

Certificate.

p) Owner/Offeror must provide a copy of vessel’s current Flag State issued International Ship Security Certificate.

q) 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.

r) Owner/Offeror must provide vessel itinerary from offer submission to intended arrival at load port.

s) The proposed vessel’s cargo tanks that are nominated by the Owner/Offeror to load the intended cargo must be compatible with the intended cargo. This compatibility will be assessed using the DLA Energy Minimum Requirements for Preparation of Cargo Tanks Table 9-30-2021, hereby incorporated into the RFP and available upon request. The assessment for compatibility will be conducted based on the Certificates of Quality for the vessel’s last three cargoes.

t) Owner/Offeror must confirm upon arrival at the load port, the vessel shall be in a clean, gas-free condition and ready for internal tank inspection of the cargo tanks, which will be used to carry this product. These tanks and all additional cargo tanks, ballast tanks, slop tanks and/or void spaces adjacent to these tanks shall be clean and certified as gas free by a Certified Marine Chemist for the tank inspection prior to the ship being allowed to load the Government’s cargo.

The Owner/Offeror shall provide at their expense a Certified Marine Chemist to certify the ship’s tanks are safe for entry for the internal tank inspection by the Government and/or Charterer representative. The Certified Marine Chemist must enter all the ship’s cargo tanks in advance of the Quality Assurance Representative (QAR) and perform a full four-corner entry inspection.

Certified Marine Chemist’s inspection must include all tank pockets identified by the QAR to the satisfaction of the QAR. If a prior (last, 2nd to last, or 3rd to last) cargo contained a percentage of benzene, the Owner’s / Offeror’s Certified Marine Chemist must arrive to the vessel equipped with benzene detection tubes to measure toxicity for benzene content. Acceptable benzene levels are as follows: (1) the maximum time-weighted average (TWA) exposure limit is 1 part of benzene vapor per million parts of air (1 ppm) average for an 8-hour workday; and (2) the maximum short-term exposure limit (STEL) is 5 ppm for any 15-minute period. Gasoline tanks, after cleaning should be ventilated with forced air or acceptable means for as long as possible to ensure levels are reduced enough to allow entry. All safe for entry / toxicity / flammability assessments shall be performed in the presence of the inspecting QAR. Owner/Offeror shall provide time needed to re-inert after inspection.

u) Owner/Offeror must provide, if vessel cargo tanks have heating coils, coil type or composition

(such as stainless steel, copper, etc.). If vessel cargo tanks have heating coils, owner must provide the date heating coils were last pressure tested and the results of the test (passed or failed). To be eligible for award, the result of the last pressure test must be “pass” and the date of the last pressure test cannot exceed 12 months for the duration of this charter. Vessels that have cargo tanks with coils that are incompatible with the cargo to be carried will be rejected.

v) If vessel cargo tanks are internally coated, Owner/Offeror shall provide the coating type (epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. If tanks are not coated then state “none”.

Coatings that are incompatible with the fuel to be carried will be rejected.

w) Owner/Offeror shall provide copies of Certificates of Quality for last three cargoes in accordance with TANKTIME 2024 (Rev. 1 (12-24).

x) Owner/Offeror shall confirm vessel is able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, the Owner/Offeror agrees that the Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.

y) Owner/Offeror agrees where cargo is carried after contract award and prior to delivery to provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the Government shall result in the Government cancelling this contract at no cost to the Government. This compatibility will be assessed using the DLA Energy Minimum Requirements for Preparation of Cargo Tanks Table 9-30-2021, hereby incorporated into the RFP and available upon request.

z) Vessel must meet all MSC requirements for reporting. Vessl shall provide position/status reports in-port and at-sea every six hours daily at 0000, 0600, 1200, and 1800 hours local Washingtom, DC time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hr pre-arrival notifications for all ports to Area Command and COMSC TANKERS. Reports shall be sent to the following email addresses:

1. VICTOR.J.CIRILO.CIV@US.NAVY.MIL

2. THADDEUS.REAP.CIV@US.NAVY.MIL

3. MSCPAC-SEALIFT-S.FCT@NAVY.MIL

4. FWCSD-ACDO.FCT@NAVY.MIL

5. DESC-ME.QUALITY@dla.mil

6. MSC_BWC@US.NAVY.MIL

7. COMSC.TANKERS@NAVY.MIL

8. DLA_TANKER_POSITION_REPORT@DLA.MIL

aa) Vessel will be required submit a Monthly Voyage Abstract form on a monthly basis and emailed to COMSC.TANKERS@NAVY.MIL no later than the first day of the month following the month of performance. For time charters that complete prior to the end of the month, the report must be received no later than two calendar days after completion of charter (off-hire). Entries must start with the date the ship presents NOR and is accepted on hire. All columns must be completed as noted. Pull down menus for columns C, X and Y are the only comments to be use.

Built in macros/formulas are not to be altered.

bb) Confirm that Owner/Offeror agrees to all other terms and conditions as per TANKTIME 2024

(Rev.1 (12-24)). Counters to TANKTIME 2024 (Rev. 1 (12-24)) terms are not acceptable until written confirmation is provided by the charter.

2. PLACE/RANGE OF DELIVERY:

U.S. West Coast, Range and Port in Charterer’s Option (Intentions Selby, CA)

3. PLACE/RANGE OF REDELIVERY:

U.S. West Coast, Range and Port in Charterer’s Option (Intentions Point Loma, CA)

4. CHARTER PERIOD:

About 85 days

5. LAYDAYS:

Commencing: 05 June 2025 Cancelling: 15 June 2025

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

http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html mailto:DLA_TANKER_POSITION_REPORT@DLA.MIL 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

(MAR 2025) (DEVIATION 2025-O0003 & 2025-O0004)

(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).

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

XX (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).

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, 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.).

XX (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (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 VII CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Amend (h)(xix)(E) to read as follows:

Use the provision at 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(d), to comply with section 1017 of Pub. L. 109-364. CHECKED

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 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

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 – TANKER TIME CHARTER; add the following:

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

(c) TANKTIME Fuel Consumption Template

(d) Shipyard Data Information Template; as outlined in relevant Parts VII, X, and XI below, submission of an offer requires the submission of relevant shipyard data information for all Jones Act vessels owned or controlled by the offeror.

(e) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 & 2025-O0004)

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)(h) Multiple Awards, to read: Reserved.

PART XI. FAR 52.212-2 EVALUATION; Amend the following:

PART XI(e) PRICE; amend to read as follows:

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) 85 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) 85 days. Fuel calculations will be based upon (c) 25 days underway laden at the speed specified in the individual solicitation, using fuel consumptions provided in TANKTIME Boxes 89 and 91, (d) 16 days underway ballast at the speed specified in the individual solicitation, using fuel consumptions provided in TANKTIME Boxes 90 and 91, (e) 32 days in port idle/loading, using the fuel consumption provided in TANKTIME Box 92a, and (e) 12 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: $1,068.87 per metric ton.

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 Com-mercial Services (MAR 2025) (DEVIATION 2025-O0003 & 2025-O0004). See Part IX(e).

PART XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED BY

DFARS; Amend/add the following:

(XIII)(c)(1) DFARS 252.247-7026 Evaluation Preference for Use of Domestic Shipyards - Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade. (OCT 2024) – CHECKED

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

ATTACHMENTS ADDED, DELETED OR MODIFIED).

SIGNED: MICHELLE JAMES, CONTRACTING OFFICER, MSC, N103A