25R4075 RFP.pdf

24 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 FURTHER NOTICE.

HTTPS://SAM.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N3220525R4075

Ref: (a) SF 1449

(b) MSC TUGCON 2024 (Rev. 1 (12-24))

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

MSC Strategic Sealift Program Support Office, N103A, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available on the MSC web site at https://www.msc.navy/mil, under “Contracts,” then “Proforma” or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

NOTE:

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.

STANDARD FORM 1449 BOXES:

1. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N3220525R4075

6. Solicitation Issue Date: 24 April 2025

7. For Solicitation Information and Submittal of Proposals: E-mail Matthew Price, matthew.r.price40.civ@us.navy.mil, 564-230-3782

8. Offer Due Date: Wednesday, 30 April 2025, at 1100 Eastern Time

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

10. This Acquisition is: 100% Small Business Set-aside, 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 - TUGCON BOXES:

1. Tug Required:

One, U.S. flag, registry endorsed, ocean-going certified tug capable of towing berthing barge YRBM-58 “IAW the U.S. Navy Tow Manual (SL740-AA-MAN-010)”. The requirement is for one voyage.

2. Description of the Tow:

a. One YRBM-58 Berthing Barge

b. Displacement – 1195.02 LT

c. Length – 151 ft. 10 5/8 inches

d. Beam – 49 ft. 11 3/8 inches

e. Max Draft – 6 ft. 6 inches

3. Port/Place of Departure: Naval Base San Diego, San Diego, CA (USA), pier location to be determined.

4. Laytime: 4 days for the entire mission; SSHINC

5. Port/Place of Destination: Naval Base Guam, Apra Harbor, Guam, pier location to be determined.

6. Laydays: Commencing on 16 June 2025 Cancelling on 22 June 2025

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

ADD: SPECIAL REQUIREMENTS:

A. Age of the vessel/tug shall be built in 1970 or later.

B. Tug HP shall be sufficient and Bollard Pull shall be sufficient for tug to tow YRBM-58 barge contracted cargo at a minimum tow speed of 6 knots for 5 knot SOA in Beaufort 5 conditions. Maximum tow speed to be calculated IAW the U.S. Navy Tow Manual.

Actual tow speed shall be at Masters’ discretion not to exceed calculated maximum tow speed. Bollard Pull calculations was determined by using the mooring calculations with wind and current directly off the bow. The Sponsor calculated 55.29 Metric Tons as such: Wind of 60.7m/s (118 kts) creates a 45.54 MT force against the barge.

Current of 1.59 m/s kts) creates a 9.75 MT force against the barge.

C. Contractor shall obtain the services of an Independent Marine Surveyor (IMS). This service should be included in the offer’s lump-sum price. The IMS is an independent third party to provide an independent analysis of the operation, to act as a mediator between the Navy and the contractor and to assist in settling disagreements. The IMS selected should be proposed by the towing contractor and agreed to by the MSC technical representative.

IMS duties shall include the following:

(1) Independent Marine Surveyor (IMS) must have prior experience towing military cargo and completing the Tow Package IAW the U.S Navy Towing Manual.

(2) Perform detailed technical evaluation and provide oversight as necessary to ensure the tug and vessel are prepared and rigged for tow IAW the U.S. Navy Towing Manual, as applicable.

Technical evaluations shall include a review of the following:

- Contractor prepared Tow Package.

- Pre-Tow checklist to include items such as “verify condition of the vessel to be towed as seaworthy, ready to be towed”.

- Material condition of tug and vessel.

- Preparations of the tug and vessel.

- Required certificates for all material, equipment, hardware, and lines.

-Completed U.S. Navy Towing Manual Appendix H – “Checklist For Preparing And Rigging A Tow”.

(3) Issue a Towing Certificate when the tug and the vessel are safely rigged for tow (to be included in the towing package).

D. Tows to be accomplished IAW the U.S. Navy Tow Manual (see below link for download http://www.navsea.navy.mil/Home/SUPSALV/00C2-Salvage/Salvage-Publications/). It is important to note that this includes the contractor to provide a Comprehensive Tow Package including the checklist after the contract award and receive Government review and approval before proceeding on mission. This package includes:

(1) A completed Appendix H from the US Navy Towing Manual with associated detail

(2) Steady state tow line tension calculations over the spectrum of anticipated weather conditions along the tow route

(3) Speeds of advance (SOA)

(4) Weather conditions and limits

(5) A sketch of the tow configuration which identifies all components in the tow rig from the tow machine on the tug to the padeyes on tow (this includes tow wire, connecting shackles, chain inspections, and padeye NDT (non-destructive testing) inspection paperwork). This tow must incorporate the vessel rig configuration shown in Attachment 3 to facilitate tow-turnover to a US Navy ship at the destination. Anchor chain and stoppers shown are in place now and will be provided by the Government. Certificates / inspection paperwork for these items will not be required

(6) Documentation of pedigree, testing, or stamping for the individual jewelry components to assist in identifying the weakest link and to facilitate forensic analysis in the event of failure, and tracking of failure trends

(7) Tug specifications to include hull and tow machinery certifications, bollard pull, tow wire certifications, and the master’s towing endorsement

(8) Route planning and identification of ports of refuge including associated restrictions for entry as stated by the captain of the port.

(9) The completed Tow Package must be submitted to NAVSEA representatives (paul.f.hankins.civ@us.navy.mil and john.r.sasse.civ@us.navy.mil) and MSC representatives (tina.kim.civ@us.navy.mil and timothy.c.vickers.civ@us.navy.mil) for approval prior to tug onhire.

E. There will be pre-tow conferences in San Diego prior to towing vessel. The time of this meeting will be mutually agreed upon by YRBM-58 Barge Program Office and contractor, but should occur not later than 24 hours before tow. Required attendees include Tug Captain/ Contractor Representative, MSC Representative(s), a representative from YRBM- 58 Barge and the Independent Marine Surveyor (IMS) This meeting will take place at Naval Base San Diego (USA).

F. The cargo shall be picked up at its’ pier location at Naval Base San Diego and delivered to the cargo’s designated pier location at Naval Base Guam, Apra Harbor, Guam. Contractor shall coordinate all arrangements for arriving and departing ports with the appropriate authorities. Assist tugs, if required, are the responsibility of the Contractor. Contractor is responsible for line handlers on the tug and cargo as required.

G. Contractor shall provide towing bridle and hardware, emergency tow lines, and flood alarms in accordance with COLREGS rules of the road and the U. S. Navy Tow Manual.

Navigational lights and a permanent fixture with day shape (black diamond) are already installed on the berthing barge. Contractor must perform NDT of tow vessel deck fittings for submission in a comprehensive towing package.

H. Contractor shall include a transit plan in the offer that will detail the transit from San Diego, CA to Naval Base Guam, Apra Harbor, Guam. Details shall include route planning and identification of ports of refuge including associated restrictions for entry as stated by the Captain of the port.

I. Tug shall be fully bunkered for the voyage. Stops for fuel or supplies are authorized.

J. Towing and Mooring Calculation, Towing and Mooring Arrangement, and General

Arrangement for the barge will be available.

K. Tug must have internet and satellite phone capability. Starlink or equivalent with VOIP is acceptable.

L. Owner/Offeror warrants its understanding that vessel 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.

M. Provide name and complete description/characteristics of the tow vessel including Certificate of Inspection, photos, Vessel specification sheet, history relative to similar requirements.

N. Lump sum amount shall include up to 4 days of laytime.

O. Position Reports. Position reports shall be issued by electronic mail: Vessel shall provide position/status report in port twice daily at 0000Z and 1200Z and at-sea four times daily at 0000Z, 0600Z, 1200Z, and 1800Z. Additionally, Position/Status Reports shall be sent upon departure and arrival, and at other times requested by the applicable MSC Area Command for Force Protection reasons. Reports shall be sent to the email addresses that will be provided after the contract award.

P. Owner/Offeror shall provide responses to all technical items for TUGCON Boxes 1 through 7 of the RFP.

REPLACE PART V WITH THE FOLLOWING:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR 2025) – CLASS DEVIATION 2025-O0003/CLASS DEVIATION 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]

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.).

XX (46)52.223-23, Sustainable Products and Services (May 2024) (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)52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

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

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

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

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

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

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

(xix)52.222-54, Employment Eligibility Verification (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 VI ADDITIONAL FAR AND DFARS CLAUSES AND PROVISIONS

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

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

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

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

VI(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 VII ATTACHMENTS – TUG CONTRACT; Add the following:

(b) Attachment VII(B) U.S. Department of Labor Wage Determination 2015-0213, Rev. 37

(d) General Arrangement

(e) Morring and Towing Arrangement

(f) Mooring and Towing Foundation

(g) Topside Arrangement

(h) Towing Procedures

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

PART VIII. INSTRUCTIONS TO OFFERORS;

Amend Part VIII(a)(1)(h) Multiple Awards to read: “Reserved.”

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

PART IX FAR 52.212-2 EVALUATION – COMMERICAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2014) (tailored pursuant to FAR 12.302 (a)) – SPOT CHARTER; add/amend the following:

Amend PART IX(c) Technical to read as follows: The offeror’s proposal will be evaluated based on technical capability of the vessel(s) proposed per the requirements outlined in Part I, TUGCON Boxes 1 through 7. Owner/Offeror shall address all items in Boxes 1 through 7 for evaluation purposes.

SIGNED: ROBBIN JEFFERSON, CONTRACTING OFFICER, MSC, N103A1