A0003 Amendment 2-1-24.pdf

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Attached to
Time Charter to for Shallow Draft Tankers – Far East
Solicitation number
N3220124R0001
Issued by

About this file

This document is a solicitation for a time charter of shallow draft tankers for service in the Far East. The solicitation is issued by the Department of the Navy's Military Sealift Command and seeks offers for vessels capable of operating in the specified region to transport petroleum products. Offerors must submit pricing and vessel specifications using the included pro forma boxes and attachments by February 20, 2024 at 9:00 AM EST to be considered for a base period of one year plus three optional one-year extensions and one optional eleven-month extension. The solicitation outlines vessel requirements, fuel consumption warranties, and applicable terms and conditions including inspection criteria, delivery and redelivery ports, and regulatory compliance standards.

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Other files

File Type Posted
Attachment IX(B)(3) MEBA Patriot PAX MOU 2019 (Final Signed).pdf PDF
A0007.pdf PDF
Attachment IX (F) - Basic Pricing Data - AmendedRev4.xlsx XLSX spreadsheet
A0006.pdf PDF
Attachment IX (I) - PWS - Amended 2.pdf PDF
Attachment IX (J) -AMENDED 2.XLSX XLSX spreadsheet
Attachment IX(B)(2) SUP Appendix (Final).pdf PDF
Attachment IX (B) - US DOL WD_CBA.pdf PDF
Attachment IX(B)(1) MOU 8-3-2020 TLC Increase.pdf PDF
Attachment IX (F) - Basic Pricing Data - Amended 3.xlsx XLSX spreadsheet
24R0001 RFP FINAL Amended 2.pdf PDF
A0005.pdf PDF
A0004.pdf PDF
Attachment IX (F) - Basic Pricing Data - Amended2.xlsx XLSX spreadsheet
Jet A1.pdf PDF
mSDS-f76.pdf PDF
Attachment IX (I) - PWS - Amended.docx DOCX document
jp-8.pdf PDF
COMSCINST 5239.3C.pdf PDF
MSC_N6_N62-5239-3-Q_Rev2.pdf PDF
Attachment IX (N) - Shipboard Security System Amended.docx DOCX document
TANKTIME Proforma Boxes.docx DOCX document
Attachment IX (F) - Basic Pricing Data - Amended.xlsx XLSX spreadsheet
24R0001 RFP FINAL Amended.pdf PDF
Attachment IX (J) - Initial Tech Offer Worksheet Amended.XLSX XLSX spreadsheet
JP5.pdf PDF
Attachment IX (B) - US DOL WD_CBA.pdf PDF
A0002 for 24R0001.pdf PDF
A0001 for 24R0001.pdf PDF
Attachment IX (G) - Crew Complement.docx DOCX document
24R0001 RFP.pdf PDF
Attachment IX (H) - DD Form 254.pdf PDF
Attachment IX (P) - SFLLL.pdf PDF
Attachment IX (N) - Shipboard Security System.docx DOCX document
Attachment IX (F) - Basic Pricing Data.xlsx XLSX spreadsheet
Attachment IX (R) - CDRL.pdf PDF
Attachment IX (I) - PWS.docx DOCX document
Attachment IX (Q) - Missions Essential Contractor Service Plan (MECSP) Worksheet.docx DOCX document
Attachment IX (M) - Speficiations for CBR-D Decontamination Station.docx DOCX document
Attachment IX (L) - CBRN Requirements.pdf PDF
Attachment IX (J) - Initial Tech Offer Worksheet.XLSX XLSX spreadsheet
Attachment IX (E) - GFP.xlsx XLSX spreadsheet
Attachment IX (B) - US DOL WD_CBA.pdf PDF
Attachment IX (U) - Clarification and Question Form.docx DOCX document
Attachment IX (S) - MSC Standard Operating Manual (SOM).pdf PDF
Attachment IX (K) - ATFP Requirements.pdf PDF
Attachment IX (T) - Decontamination Station Drawing.pdf PDF
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N3220524R0001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

please see description of Amendment below

1. CONTRACT ID CODE PAGE OF PAGES

J 1 144

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 01-Feb-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3220524R0001

X 9B. DATED (SEE ITEM 11)

03-Jan-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

01-Feb-2024

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-48

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

MSC TANKTIME 2023 (11-2023) 2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

A0003 The purpose of this amendment is as follows:

1. Provide answers to questions received from potential offerors (as shown below)

2. Extend the RFP due date to 20 February 2024 NLT 9:00AM EST

3. Update Attachment IX (F) – Basic Pricing Data, Attachment IX (I) – Performance Work Statement, and Attachment IX (J) – Technical Offer Works, and Attachment IX(N) – SSS

4. Provide attachments jp-8, JP5, Jet A1, mSDS-f76, COMSCINST 5239.3C, MSC_N6_N62-5239-3-Q_Rev2, and a WORD Version of the TANKTIME Proforma Boxes.

5. Update TANKTIME Proforma as follow: (changes highlighted in blue for convenience)

a. TANKTIME Proforma has been updated to reflect the new revised TANKTIME-

Extended Term November 2023 (11-2023) Proforma

b. Update footer numbering in Parts IX, X, XI of the Proforma

c. Mark Part II(o)(7) Vessel Age as RESERVED

d. Amend Part VII(h)(iv)(c)

e. Reserves Part VIII(b)(17),(18),(20),(53),(61),(62), and (63).

f. Add and Check Part VIII(b)(63) DFARS 252.245-7005 Management and Reporting Government Property

6. All other terms and conditions of the RFP remain unchanged and in full force and effect.

REQUEST FOR CLARIFICATION/QUESTION

SOLICITATION:N3220524R0001

1. We would appreciate further information and guidance on how to submit our offer. Clarification is sought regarding clarity on which documents or forms, in addition to vessel specifications and Q88, should accompany the offer. Which form numbers uploaded on SAM website should be filled fully and submitted from our side? Some forms provided are in PDF and cannot be edited. (If possible, provide word version and exact file name that need to be filled)

MSC TANKTIME 2023 (11-2023) 3

Answer: The RFP, Part X, provides guidance on what should be submitted and how to submit an offer. If your version of Adobe does not have editing or converting capabilities, you may print, fill out, scan, and send in the attachments as PDF files. However, we will provide the proforma boxes (Part I) in a word document that will be an added document uploaded with the RFP on SAM.gov via this amendment for your convenience.

2. Please send us the TDS or MSDS of the cargoes JP8, JP5, JA1, and F76?

Answer: Via this amendment, 4 attachments have been uploaded to the RFP labeled “jp-8”, “JP5”, “Jet A1”, and “mSDS-f76”.

3. In the event that the tender is awarded in our favor, we are seeking clarification on the reflagging process for the vessel in the USA. Specifically, as we are foreign company, we would like to understand whether we are required to establish a company in the USA for the purpose of this tender and reflagging process, and if so, whether all aspects of this process will be have to managed from our side or if assistance will be provided. Additionally, if there are any advantages or assistance available under the MSC program for reflagging, we would greatly appreciate your guidance on this matter.

Answer: The process of reflagging and corporate structure is the sole responsibility of the Offeror.

MSC cannot provide advice on this this.

4. We would like to request the offer due date be extended to 15 February 2024.

Answer: Via this Amendment, the RFP due date is extended to February 20, 2024 with offers due no later than 9:00AM EST.

5. ATT IX (I) – (Covid-19 Language) The Covid-19 Public Health Emergency referenced in MSIB 02- 20(Chg7) was cancelled on 5/31/23 by MSIB 08-23. Please clarify the requirements.

Answer: Per the reference provided above, please see amended Attachment IX(I), updated via this amendment, removing the no longer required COVID-19 Language.

6. ATT IX (I) (tt)4.(a): Please provide a copy of COMSCINST 5239.3C

Answer: Via this amendment an attachment to the RFP has been uploaded labeled “COMSCINST

5239.3C”.

NOTE: This attachment is now referred to in ATT IX(I) (ss)(4)(a) in the amended PWS included via this amendment.

7. ATT IX (I) (tt)4.(b) Please provide a copy of MSC N6, N62-5239-3-Q

Answer: Via this amendment an attachment to the RFP has been uploaded labeled “MSC_N6_N62-5239-3-Q_Rev2”.

NOTE: This attachment is now referred to in ATT IX(I) (ss)(4)(b) in the amended PWS included via this amendment.

8. Part II (o) (7) states “ Vessel’s age shall be less than 20 years for the duration of the charter” ATT IX (I) (f) (Vessel Requirements Due with Offer) states:

a) Owner/Offeror warrants the availability of a vessel throughout the whole charter period. For vessels that will exceed 15 years during the charter period, the vessel shall be enrolled in their classification society’s Condition Assessment Program (CAP) and be rated CAP 2 or better before commencement of vessel’s (15th) year.

1) For those tankers whose vessel’s age will exceed 20 years during the charter period, the

Owner/Offeror must provide a suitable like substitute vessel that shall possess the shall possess the same or greater characteristics as the Vessel being replaced. The charter rate shall remain unchanged from that contained in this charter. Approval of a Vessel substitution is a matter for the Charterer's sole discretion.

MSC TANKTIME 2023 (11-2023) 4

Part II (s) does not address precedence between the RFP and the PWS. Please confirm that ATT IX (I) (f) supersedes Part II (o) (7).

Answer: Via this amendment, the RFP has been amended and Part II(o)(7) has been marked RESERVED so that ATT IX(I)(f) will set the precedence for this requirement. The change has been highlighted in blue within the RFP for convenience.

9. The Department of Labor Wage Determination (Attachment IX + B) does not include any wage rates and merely refers to several Collective Bargaining Agreements (CBA). Is the Government going to include these CBAs in a future amendment?

Answer: The CBA provided by the incumbent was added to Attachment IX(B) via Amendment 0002 and was posted on SAM.gov on 1/12/24 with the amendment.

10. Would MSC consider amending the offer due date from 6 February 2024 to 20 February 2024?

Answer: Via this Amendment, the RFP due date is extended to February 20, 2024 with offers due no later than 9:00AM EST.

11. If a small business submits an offer for RFP N3220124R0001, will the ship be considered for award for both the small business set aside and the open/unrestricted award?

Answer: No. According to Part X (e) of the RFP, “Offerors interested in submitting offers for both set-aside and full and open portions of the solicitation shall submit a separate offer for each portion.”

12. Per MSC TANKTIME 2022 (09-22), PART III. TANKER TIME TERMS AND CONDITIONS, (b) MISSION: The Vessel may be employed in worldwide trade for the following: transportation and/or prepositioning of petroleum cargo (including, but not limited to hazardous cargoes, explosives, ammunition, vehicular, containerize, and general cargoes) and military readiness, in accordance with the terms of this Charter.Would MSC change the mission requirement from “worldwide trade” to Japan / Korea range including Wake Island, Kwajalein Atoll and Guam? This change to the solicitation to increase the tonnage availability and competition to meet this requirement.

Answer: No, the trade limits shall remain “world-wide” as stated in Part III(b) of the RFP.

13. Per Attachment+IX+(I)+-+PWS-Performance Work Statement: (1)Owner/Offeror warrants vessel will be capable of maintaining a minimum Speed of Advance (SOA) of 12 knots in moderate weather (Force 5) while laden. Would MSC reduce the speed requirement Owner/Offeror warrants vessel will be capable of maintaining a minimum Speed of Advance (SOA) of 10 knots in moderate weather (Force 5) while laden to increase the tonnage availability and competition to meet this requirement?

Answer: No, the speed requirement remains unchanged as stated in the PWS Attachment IX(I)(w).

14. The Wage Determination provided with amendment 0002 remains incomplete. Please provide the following additional information:

• Aggregate Fringe Contribution information for MEBA

• Fringe Contribution information for SIU – Steward

• Wage and Fringe Contribution information for SUP-Unlicensed Deck Answer: Additional agreements referenced in the CBA were requested. Once received, an updated Attachment IX(B) will be provided.

15. Attachment I – PWS – Paragraph gg: The PWS mentions TANKTIME 2022 (Rev.3 (09-22), however the Proforma imbedded in Solicitation document is TANKTIME 2022 (09-2022). Please advise.

Answer: See amended RFP, Attachment IX(I)(ff) and Amendment IX(J), updating the label to reflect the most recent proforma released TANKTIME 2023 (11-2023) as per this amendment.

MSC TANKTIME 2023 (11-2023) 5

16. Attachment I – PWS – Paragraph ll: In reference to certificates of quality to be provided with offer, if an offered vessel is already trading under an MSC charter and all last three cargoes have been under such charter, will just the last three DD250 loading reports suffice to cover this requirement? The Government does not share certificates of quality with Owners to be provided as per the requirement.

Answer: If last three cargoes were DLA-Energy cargoes then DD250s are acceptable in lieu of Certificates of Quality. Please see the amended Attachment I—PWS—at Paragraph (kk) that was updated via this amendment.

17. Attachment F – Basis Pricing Data: Basic Pricing Data: On the Fuel Consumption Data Tab, the drop-down boxes in Fuel Type column F do not populate the Fuel Types found in Note 1. Additionally, the Excel sheet does not permit Offerors to manually in Fuel Type into Column F. Please provide an updated Excel sheet with working Fuel Type drop-down cells.

Answer: Please see amended Attachment IX (F), updated via this amendment, so that offerors can manually enter in Fuel Type and manually enter in the price per metric ton. The price per metric ton should reflect the prices in Note 1.

18. Attachment F – Basis Pricing Data Basic Pricing Data: On the Fuel Consumption Data Tab, Column H – “Total”, does not have any formulas. Please provide an updated Excel sheet with the formula Offerors should use to calculate their fuel consumption totals.

Answer: Please see amended Attachment IX (F) updated via this amendment. Also please note that the total number of days for the fuel consumption data has been updated to reflect the total days as per the total evaluated price tab.

19. Attachment J – Technical Offer Worksheet: Paragraph 1.c is listed twice but worded differently. Please advise.

Answer: Via this amendment, Attachment IX(J), Technical Offer Worksheet has been updated accordingly. Please see amended Attachment IX (J) in the attachments on SAM.gov.

20. Attachment J – Technical Offer Worksheet: There’s a 1.b(2) and 1.b(3), but basis the requirement description appears these are actually paragraph 1a.(2) and 1.a(3) of the PWS.

Answer: Via this amendment, Attachment IX(J), Technical Offer Worksheet has been updated accordingly. Please see amended Attachment IX (J) in the attachments on SAM.gov.

21. Attachment J – Technical Offer Worksheet: Paragraph 1.b and 1.b.4 appear to be the same requirement.

Additionally, there is no 1.b.4 of the PWS. Please advise.

Answer: Via this amendment, Attachment IX(J), Technical Offer Worksheet has been updated accordingly. Please see amended Attachment IX (J) in the attachments on SAM.gov.

22. Attachment J – Technical Offer Worksheet: For proposed vessels that will exceed 20 years during the charter period, please advise if Offerors need to provide the information requested in paragraphs 1.f.1.a through 1.f.1.a.i.5 as part of their submitted offer. PWS paragraph “ii” implies that this is post-award information, however the Technical Offer Worksheet implies this information needs to be provided at time of submission.

Answer: If a new build is being offered during the base period of the charter, the information is due at time of offer submission. If a new build is substituting for a 20+ year tanker during the charter period of performance, the information is due post-award, as per the charter.

23. Attachment N – Shipboard Security Requirements: The footer of this attachment states the RFP N32205- 22-R-5433. Please confirm this Attachment is for RFP N32205-24-R0001.

Answer: See amended Attachment IX(N), updating the footer to the correct RFP number via this amendment.

MSC TANKTIME 2023 (11-2023) 6

24. Attachment H – DD Form 254: The Business Proposal Instructions under Part X of the RFP specifies that the offeror should fill in boxes 6 & 7 of the DD Form 254. However, Box 7 of Attachment H is marked N/A. Please advise.

Answer: “N/A can be removed and if there is a subcontractor from this offeror, put in the boxes for 7.”

25. If a vessel reaches age 20 earlier than 59 months after commencement of Contract, how will MSC assess such an offer? Will MSC Require the offeror to name a specific replacement vessel for the overage portion of the 59 months? If no specific replacement is named at the time of submission of offer, how will the charter hire and fuel costs be assessed within the Basic Pricing Data for the overage portion of the 59 months?

Answer: No, MSC will not require the offeror to name a specific replacement vessel for the overage portion of the 59 months. It will assessed at the rates offered in the price proposal. While the substitute vessel does not need to be identified by name, the periods anticipating a substitute do need to be priced at time of offer. In addition, the warranted fuel consumption for the initial vessel will govern the substitute vessel for purposes of price evaluation. Should the substitute vessel consume fuel at a higher rate than the warranted amount in the offer, any additional cost will be borne by the contractor. In addition, charter hire for the substitute vessel may not be greater than the proposed rates in the offer.

26. Potential offerors propose changing "capable of carrying a minimum of 40,000 bbls of clean product" to "capable of carrying a minimum of 38,500 bbls of clean product. This adjustment will significantly enhance competition as it increases the available fleet to draw.

Answer: 38,500 barrel minimum load is acceptable as long as two products can be carried at that minimum at the same time.

27. Potential offerors would like to request a 2 week extension to the due date, thru 20-FEB-2024.

Answer: Via this Amendment, the RFP due date is extended to February 20, 2024 with offers due no later than 9:00AM EST.

28. The attachments that I downloaded in the SAM system have the Tanktime form as a pdf. Do you have a

WORD version that can be edited?

Answer: We will provide the TANKTIME 2023 (11-2023) proforma boxes (Part I) in a word document that will be an added document uploaded with the RFP on SAM.gov via this amendment for your convenience.

The following have been deleted:

A0002

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 06-Feb-2024 01:00 PM to 20-Feb-2024 09:00 AM.

The following have been modified:

PROFORMA

MILITARY SEALIFT COMMAND

TANKER TIME CHARTER (TANKTIME – Extended Term)

MSC TANKTIME 2023 (11-2023) 7

NOVEMBER 2023 (11-2023)

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “Contract” or the

“Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and Parts I through IX.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through IX contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through IX shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

MSC TANKTIME 2023 (11-2023)

LIST OF EFFECTIVE CHANGES

Revision Number

Description Date

N/A Part II FAR 52.212-4 Contract Terms and Conditions - Commercial Items (NOV 2021); updated.

Sep 2022

Part III(d)(2) Qualifications; paragraph revised.

Part III(m) Press Release; added.

Part III(n) Vessel Name Release; added.

Part IV(o)(1) Provisions, Insurance, Wages, Fees, and Other Expenses;

paragraph revised.

Part IV(ad)(5); amended to read, “Reserved.”

Part IV(ad): Deleted last paragraph.

Part VI FAR 52.212-5; updated.

Part VIII(b)42 DFARS 252.204-7018 Prohibition on the Acquisition of Covered

Defense Telecommunications Equipment or Services; added and checked.

Part VIII(c)(9) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008); added and checked.

Part X(b)(16)(xiv); revised to read: Dependent upon response(s) to FAR 52.204- 26, completed FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment (see TANKTIME Part XII).

Part X(b)(16)(xx) Completed DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (See TANKTIME Part XII.); added.

Part X(b)(16)(xxi) Dependent upon response to DFARS 252.204-7016, completed DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (see TANKTIME Part XII); added.

Part XI(d) Past Performance; paragraph revised. Added last three sentences.

Part XII(c)(3) FAR 52.212-3; updated.

Part XIII(b)(4) DFARS 252.204-7016 Covered Defense Telecommunications

Equipment or Services—Representation (DEC 2019); added.

Part XIII(b)(5) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021); added.

MSC TANKTIME 2023 (11-2023) ii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TANKER TIME CHARTER

TABLE OF CONTENTS

PART PAGE NO.

I. TANKTIME BOXES I-1 – I-9

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) II-1 – II-14

(a) Inspection (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Risk of loss (tailored)

(k) Taxes (tailored)

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

(o) Warranty (tailored)

(p) Limitation of Liability

(q) Other Compliances

(r) Compliance with Laws Unique to Government Contracts

(s) Order of Precedence (tailored)

(t) System for Award Management (SAM)

(u) Unauthorized Obligations

(v) Incorporation by Reference

III. TANKER TIME TERMS AND CONDITIONS (Addendum to

FAR 52.212-4) III-1 – III-8

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Cargo Receipt

(g) Loading and Discharging

(h) Oil Pollution Spill

(i) Safety in Loading and Discharging Cargo

(j) Deck Cargo

(k) Description of Vessel

(l) Spain-Gibraltar Prohibition

(m) Press Release

(n) Vessel Name Release

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV-1 – IV-32

(a) General Definitions

(b) Delivery

(c) Redelivery

MSC TANKTIME 2023 (11-2023) iii

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance (h-1) War (h-2) Government War Risk Insurance/Indemnity

(i) Readiness

(j) Off-Hire

(k) Supercargo and Government Designated Representatives

(l) Time Lost

(m) Negligence of Pilots

(n) Port Charges and Expenses

(o) Owner’s Obligation

(p) Fuel

(q) Reduced Operational Status (Layup)

(r) Waiver of Claims

(s) Charter Not a Demise

(t) Subcharter

(u) General Average

(v) Salvage

(w) Limitations

(x) Alterations

(y) Reimbursable Supplies and Services (Charters)

(z) Standards of Appearance

(aa) Savings

(ab) Law Governing

(ac) Substitution

(ad) MSC Shipboard Antiterrorism /Force Protection Measures

(ae) Payment

(af) Special Requirements

(ag) Statutory Employee

(ah) In-Transit Visibility

(ai) Security Threat

(aj) Immunizations (U.S.-flag Only)

(ak) Changes Applicable to Foreign Flag Awards Only

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Reserved

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Reserved

(ar) Contractor’s Notice Regarding Litigation

(as) Sovereign Immunity

MSC TANKTIME 2023 (11-2023) iv

V. TANKER TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-7

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)

(a) Security Clearance

(b) Fuel Monitoring

(c) Automated External Defibrillator (AED)

(d) Both to Blame

(e) Tugs and Barges

(f) Contractor Security (CS)

(g) Communications

(h) Secure Space

(i) Cadet/Midshipmen

(j) Vessel Name Release

(k) Contract Points of Contact

(l) Option to Purchase Time Chartered Vessel

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS VI-1 – VI-9

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS VII-1 – VII-9

(a) Required for all contracts

(1) FAR 52.203-3 Gratuities

(2) DFAR 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(3) Reserved

(4) Reserved

(5) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

(b) Required for contract(s) greater than $1,000,000.00

(1) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(c) Required for contract(s) greater than $500,000.00

(1) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(d) Required for contract(s) exceeding the Simplified Acquisition Threshold (SAT)

(1) DFARS 252.225-7012 Preference for Certain Domestic Commodities

(2) DFARS 252.243-7002 Requests for Equitable Adjustment

(e) Required for contract(s) awarded to a U.S. vendor

(1) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(f) Required for contract(s) awarded to a U.S. flag vessel

(1) DFARS 252.247-7027 Riding Gang Member Requirements

(g) Required for contract(s) for which the offeror made a negative response to the inquiry in the provision at 252.247-7022, Representation of Extent of Transportation by Sea

(1) DFARS 252.247-7024 Notification of Transportation of Supplies by Sea

(h) Required by Contracting Officer as applicable

(1) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(2) DFARS 252.203-7003 Agency Office of the Inspector General

(3) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (4) DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors

(5) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(6) DFAR 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063289 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252205.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252226.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7005 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7009

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(7) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(8) DFARS 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors

(9) DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

(10) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(11) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(12) DFARS 252.211-7003 Item Unique Identification and Valuation

(13) DFARS 252.211-7006 Passive Radio Frequency Identification

(14) DFARS 252.245-7005 Management and Reporting Government Property

(15) DFARS252.211-7008 Use of Government-Assigned Serial Numbers

(16) DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations

(17) DFARS 252.215-7003 Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation

(18) DFARS 252.215-7004 Requirement for Submission of Data other Than Certified Cost or Pricing Data—Modifications—Canadian Commercial Corporation

(19) DFARS 252.215-7007 Notice of Intent to Resolicit

(20) DFARS 252.215-7008 Only One Offer

(21) (i) DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

(ii) Alternate I

(22) (i) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts

(ii) Alternate I

(23) DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program

(24) DFARS 252.219-7000 Advancing Small Business Growth

(25) DFARS 252.219-7012 Competition for Religious-Related Services

(26) DFARS 252.223-7008 Prohibition of Hexavalent Chromium

(27) (i) DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate

(ii) Alternate I

(28) (i) 252.225-7001 Buy American and Balance of Payments Program

(ii) Alternate I

(29) DFARS 252.225-7006 Acquisition of the American Flag

(30) DFARS 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

(31) DFARS 252.225-7008 Restriction on Acquisition of Specialty Metals

(32) DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals

(33) DFARS 252.225-7010 Commercial Derivative Military Article—Specialty Metals Compliance

(34) DFARS 252.225-7012 Preference for Certain Domestic

(35) DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools

(36) DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings

(37) DFARS 252.225-7017 Photovoltaic Devices

(38) DFARS 252.225-7018 Photovoltaic Devices—Certificate

(39) (i) DFARS 252.225-7020 Trade Agreements Certificate

(ii) Alternate I

(40) (i) DFARS 252.225-7021 Trade Agreements

(ii) Alternate II

(41) DFARS 252.225-7023 Preference for Products or Services from Afghanistan

(42) DFARS 252.225-7024 Requirement for Products or Services from Afghanistan

(43) DFARS 252.225-7026 Acquisition Restricted to Products or Services from Afghanistan

(44) DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales

(45) DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments

(46) DFARS 252.225-7029 Acquisition of Uniform Components for Afghan Military or Afghan National Police

(47) DFARS 252.225-7031 Secondary Arab Boycott of Israel

(48) (i) DFARS 252.225-7035 Buy American—Free Trade Agreements— https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7013 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7014 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252205.htm#252.205-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252213.htm#252.213-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7001 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7016 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7017 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7018 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7020 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7021 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7023 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7024 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7026 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7027 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7028 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7029 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7031 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7035

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Balance of Payments Program Certificate

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(49) (i) DFARS 252.225-7036 Buy American--Free Trade Agreements— Balance of Payments Program

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(50) DFARS 252.225-7037 Evaluation of Offers for Air Circuit Breakers

(51) DFARS 252.225-7038 Restriction on Acquisition of Air Circuit Breakers

(52) DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States

(53) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

(54) DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

(55) DFARS 252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations

(56) DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

(57) DFARS 252.225-7051 Prohibition on Acquisition for Certain Foreign Commercial Satellite Services

(58) DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten as prescribed in 225.7018-5.

(59) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns

(60) (i) DFARS 252.227-7013 Rights in Technical Data–Noncommercial Items

(ii) Alternate I

(iii) Alternate II

(61) (i) DFARS 252.227-7015 Technical Data–Commercial Items

(ii) Alternate I

(62) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data

(63) DFARS 252.229-7014 Taxes—Foreign Contracts in Afghanistan

(64) (i) DFARS 252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement)

(ii) Alternate I

(65) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(66) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(67) DFARS 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

(68) DFARS 252.232-7010 Levies on Contract Payments

(69) DFARS 252.232-7011 Payments in Support of Emergencies and Contingency

(70) DFARS 252.232-7014 Notification of Payment in Local Currency (Afghanistan)

(71) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

(72) DFARS 252.237-7019 Training for Contractor Personnel Interacting with Detainees

(73) DFARS 252.239-7009 Representation of Use of Cloud Computing

(74) DFARS 252.239-7010 Cloud Computing Services

(75) DFARS 252.239-7017 Notice of Supply Chain Risk

(76) DFARS 252.239-7018 Supply Chain Risk

(77) DFARS 252.243-7002 Requests for Equitable Adjustment

(78) DFARS 252.244-7000 Subcontracts for Commercial Items https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7036 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7037 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7038 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7039 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7040 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7043 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7049 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7050 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7051 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7052 https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_70.htm#225.7018-5 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252226.htm#252.226-7001 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7037 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7014 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7011 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7014 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm#252.237-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm#252.237-7019 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7017 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7018 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm#252.243-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm#252.244-7000

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(79) DFARS 252.246-7003 Notification of Potential Safety Issues

(80) DFARS 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

(81) DFARS 252.246-7008 Sources of Electronic Parts

(82) DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(83) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

(84) (i) DFARS 252.247-7023 Transportation of Supplies by Sea

(ii) Alternate I

(iii) Alternate II

(85) DFARS 252.247-7025 Reflagging or Repair Work

(86) 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

(87) DFARS 252.247-7027 Riding Gang Member Requirements

(88) DFARS 252.247-7028 Application for U.S. Government Shipping

Documentation/Instructions

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES VIII-1 – VIII-8

(a) FAR 52.252-2 Clauses Incorporated by Reference

(b) Required FAR and DFARS Clauses by Contracting Officer as Applicable (Incorporated By Reference)

(1) FAR 52.204-4 Printed or Copied Double-Side on Postconsumer Fiber Content Paper

(2) FAR 52.219-4

(2) FAR 52.232-18 Availability of Funds

(3) FAR 52.245-1 Government Property

(4) DFARS 252.201-7000 Contracting Officer’s Representative

(5) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

(6) DFARS 252.204-7000 Disclosure of Information

(7) DFARS 252.204-7003 Control of Government Personnel Work Product

(8) Reserved

(9) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

(10) DFARS 252.211-7006 Passive Radio Frequency Identification

(11) DFARS 252.215-7007 Notice of Intent to Resolicit

(12) DFARS 252.215-7008 Only One Offer

(13) DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives

(14) DFARS 252.223-7003 Change in Place of Performance – Ammunition and Explosives

(15) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

(16) DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States

(17) RESERVED

(18) RESERVED

(19) DFARS 252.245-7003 Contractor Property Management System Administration

(20) RESERVED

(21) DFARS 252.247-7025 Reflagging or Repair Work

(22) FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act)

(23) DFARS 252.232-7007 Limitation of Government’s Obligation

(24) FAR 52.232-39 Unenforceability of Unauthorized Obligations

(25) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(26) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(27) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(28) DFARS 252.247-7027 Riding Gang Member Requirements

(29) DFARS 252.247-7023 Transportation of Supplies by Sea-Basic

(30) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

(31) FAR 52.204-16 Commercial and Government Entity Code Reporting

(32) FAR 52.204-17 Ownership or Control of Offeror

(33) FAR 52.204-18 Commercial and Government Entity Code Maintenance https://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm#252.246-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm#252.246-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm#252.246-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7022 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7023 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7025 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7026 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7027 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7028 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063782 https://www.acquisition.gov/content/52232-18-availability-funds https://www.acquisition.gov/content/52245-1-government-property https://www.acquisition.gov/dfars/clauses#_Toc37346249 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7043 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7043 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252245.htm#252.245-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7025 https://www.acquisition.gov/content/52228-3-workers%E2%80%99-compensation-insurance-defense-base-act https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7007 https://www.acquisition.gov/content/52232-39-unenforceability-unauthorized-obligations https://www.acquisition.gov/content/52232-40-providing-accelerated-payments-small-business-subcontractors https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7027 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7023 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7022 https://www.acquisition.gov/content/52204-16-commercial-and-government-entity-code-reporting https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance

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(34) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(35) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(36) Reserved

(37) Reserved

(38) FAR 52.204-13 System for Award Management Maintenance

(39) DFARS 252.204-7020 NIST SP 800-171 DOD Assessment Requirements

(40) DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

(41) DFARS 252.233-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

(42) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

(43) FAR 52.204-2 Security Requirements (MAR 2021)

(44) FAR 52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (APR 2014)

(45) FAR 52.217-5 Evaluation of Options (JUL 1990)

(46) FAR 52.219-6 Notice of Total Small Business Set-Aside

(47) FAR 52.219-14 Limitations of Subcontracting

(48) FAR 52.222-50 Combating Trafficking in Persons (NOV 2020)

(49) FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (MAY 2020)

(50) FAR 52.242-15 Stop Work Order (AUG 1989)

(51) FAR 52.245-9 Use and Charges (APR 2012)

(52) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016)

(53) RESERVED

(54) DFARS 252.237-7023 Continuation of Essential Contractor Services (OCT 2010)

(55) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services

(OCT 2010)

(56) DFARS 252.219-7003 Small Business Subcontracting Reporting (DEVIATION 2019-O0005)

(57) DFARS 252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019)

(58) DFARS 252.225-7980 Contractor Personnel Performing in the United States Africa Command Area of Responsibility (DEVIATION 2016-O0008)

(59) DFARS 252.225-7987 Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (DEVIATION 2021-O0004)

(60) DFARS 252.225-7995 Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2017-O0004)

(61) RESERVED

(62) Deviation 2023-O0001 Verification of Eligibility of Small Business Joint Ventures

(63) DFARS 252.245-7005 Management and Reporting of Government Property (Jan 2024)

(c) Required FAR, DFARS and MSC Clauses (Incorporated By Full Text)

(1) FAR 52.204-7 System for Award Management (SAM)

(2) FAR 52.217-8 Option to Extend Services

(3) FAR 52.217-9 Option to Extend the Term of the Contract

(4) Reserved

(5) Reserved

(6) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(7) MSC Specific Wide Area Workflow (WAWF) Instructions

(8) DFARS 252.232-7010 Levies on Contract Payments

(9) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

IX. ATTACHMENTS IX-1 – IX-6

https://www.acquisition.gov/content/52204-21-basic-safeguarding-covered-contractor-information-systems https://www.acquisition.gov/dfars/252.232-7017-accelerating-payments-small-business-subcontractors%E2%80%94prohibition-fees-and-consideration.

MSC TANKTIME 2023 (11-2023) ix

((a) Attachment IX(A) - Guidelines for Full/Partial Off-Hire Percentages on Readiness Issues

(b) Attachment IX(B) - US Department of Labor Wage Determination

(c) Attachment IX(C) - Reserved

(d) Attachment IX(D) – Reserved

(e) Attachment IX(E) – Government Furnished Property (GFP)

(f) Attachment IX(F) – Basic Pricing Data

(g) Attachment IX(G) – Crew Complement

(h) Attachment IX(H) –DD Form 254 Contract Security Classification Specification

(i) Attachment IX(I) – Performance Work Statement (PWS)

(j) Attachment IX(J) – Technical Offer Worksheet

(k) Attachment IX(K) – Anti-Terrorism/Force Protection (AT/FP) Training Requirements

(l) Attachment IX(L) –Chemical, Biological, Radiological and Nuclear Defense Requirements (CBRN)

(m) Attachment IX(M) –Specifications for Chemical, Biological, and Radiological Defense (CBR-D)

(n) Attachment IX(N) – Shipboard Security System (SSS) Requirements

(o) Attachment IX(O) - Reserved

(p) Attachment IX(P) –…

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