N32205-20-R-4143-0004.docx

N3220520R4143

N3220520R4143

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:

Q&A'S 7-35

MILITARY SEALIFT COMMAND

N32205-20-R-4143

Time Charter for Ice Class Tanker

QUESTIONS AND ANSWERS

The following are answers to questions received from potential offerors. The answers provide clarification only.

7. With reference to RFP, PWS (COVID-19 Language) Paragraph 4) it stipulates “…crew and other embarked personnel may be ordered by the charterer to stay aboard the vessel during port visits under this charter…” Question is if the charterer’s order is more restrictive than the host nations, will the charterer reimburse owner for crew restriction costs? If not, please advise historical trends on how often and duration of charterer ordered restrictions in order to properly estimate the costs therefore.

ANSWER: Cost for crew restriction in response to COVID-19 will not be reimbursed. MSC has a Coronavirus disease response plan that has been in effect since March 2020; under this plan crew of MSC vessels and chartered vessels, have been under a gangway-up order, restricting crew aboard.

8. PWS - Paragraph t) - The API range provided to meet the intake and draft restriction is a range of 37.0-51.0. Please confirm that the 188,000 bbls intake on 8.5 meter draft restriction is required to be met for a JP8 cargo with a 37 API, and also for a JP8 cargo with a 51 API. If not, what API gravity will be used during offer evaluations to determine if the vessel can meet the 8.5 meter draft restriction?

Please also confirm that the 8.5 meter requirement is for sea water (not fresh water).

Furthermore, please confirm that compliance with the 8.5 meter draft restriction will be evaluated with the vessel’s fuel and fresh water tanks filled to 98% capacity (to account for non-cargo deadweight).

ANSWER: Vessel must meet the loading condition and confirm compliance with RFP requirements for ANY API value between 37.0 TO 51.0 AT 15℃ .

Yes, Salt Water

Yes, Fuel and fresh water at 98% capacity.

9. PWS - There are several vessel requirements in the PWS that are non-standard equipment, certifications or capabilities which are not normally available on commercial ice-class tankers of this size, but are necessary to meet MSC’s operational/mission requirements for the vessel. These items include the bow thruster (or twin screw), Refueling at Sea (CONSOL), and Polar Ship Certificate.

The PWS requires the Polar Ship Certificate to be provided with offers. This means that the offeror must already invest in compliance and vessel already meet the requirements of the Polar Code at time of offer. However, compliance with the bow thruster and Refueling at Sea requirements are not required at time of offer. Instead, offerors are permitted to defer investment and compliance with these requirements until after award and prior to vessel delivery.

We request that compliance with the Polar Code be treated the same as compliance with the bow thruster and Refueling at Sea requirements by allowing offerors to obtain/provide a Polar Ship Certificate prior to vessel delivery instead of at time of offer.

ANSWER: PWS has been updated. Polar Certificate shall be provided at time of delivery.

10. PWS – Paragraph x) 4) required an ISO 9001 compliant QMS to be submitted with offers.

Will submission of an ISM Code compliant SMS be accepted at time offer as equivalent to, and in lieu of, an ISO 9001 compliant QMS?

If not, we request that the ISO 9001 compliant QMS be provided prior to vessel delivery instead of at time of offer. (Other MSC long-term time charter solicitations have allowed the SMS/QMS to be provided prior to delivery and not at time of offer)

ANSWER: PWS has been updated to reflect this answer.

11. We respectfully request that MSC allow offerors to submit additional questions for up to three (3) days after the Q&A answers are posted in order to allow offerors to seek follow-up/clarification to the Q&A answers provided by MSC.

ANSWER: The language in the RFP remains unchanged.

12. Attachment B – Basic Pricing Data sheet - On the “Fuel Consumption Data” tab, can you please confirm that the prices provided for IFO-180 and IFO-380 reflect fuel that is compliant with the 0.5% global sulfur cap. If so, we request that you also please provide additional prices for IFO-180 and IFO-380 to reflect fuel that is greater than the 0.5% global sulfur cap but can still be consumed in vessels fitted with an exhaust gas scrubber when operating outside of the Polar regions.

ANSWER: Yes, it is compliant with the 0.5% global sulfur cap. The prices are $490.62 per MT for IFO-180 and $486.25 per MT for IFO-380. Attachment B – Basic Pricing Data has been updated to reflect these prices. No, we will not provide pricing for fuel higher than 0.5% global sulfur cap.

13. The RFP requires a list of ports and countries visited for the last 5 years. Does the classified requirement relate to this request?

ANSWER: The requirement stands as written and will be used to ensure the vessel complies with the requirements specified in the solicitation, to include any classified requirement.

14. PWS – Vessel required & Paragraph U – It is common practice in the Tanker Industry to use SLOP TANKS that are identical in specification as the CARGO TANKS to carry cargo, and these SLOP TANKS are included in maximum intake of a vessel. In addition, there is significant shortage of vessels available in the market with the characteristics required in this RFP. While SECTION U) of the PWS does not include if designated SLOP TANKS can be used to meet the requirement, the first paragraph of the PWS mentions designated CARGO TANKS. Can SLOP TANKS with the same Specs as the vessel’s CARGO TANKS be used to comply with this requirement as it is the Industry practice?

ANSWER: Yes, SLOP TANKS with the same Specs as the vessel’s CARGO TANKS can be used to comply with this requirement to carry cargo, however, these SLOP TANKS have to be identical to the CARGO TANKS including the type of Tank Coating and Heating Elements inside the tanks must be the same as the CARGO TANKS, see PWS requirements (ie, ii, jj, and kk) for acceptability.

15. PWS – PARAGRAPH U & PARAGRAPH T - The average API provided for JP8 and JP5 is a range rather than a set value, which is more common. please confirm offerors can use any API value, within the fuel’s provided range, to produce the vessel’s loading condition supports and confirm vessel’s compliance with RFP requirements.

ANSWER: Yes, any API value between 37.0 to 51.0 at 15℃ is acceptable to produce the vessel’s loading condition and confirm compliance with RFP requirements.

16. PWS – PARAGRAPH E - PLEASE ADVISE IF THE Vessel offered shall be less than 20 years during the full duration of the charter, including all options?

ANSWER: Yes, vessel age must be less than 20 years for duration of Charter including all Option periods.

17. PWS – PARAGRAPH H - As the Polar Ship certificate is basis current flag and management, the current certificate provided for an offered Vessel to be reflagged after award will not be the same as the certificate during delivery to MSC. Please confirm current foreign flag Polar code and other certificates submitted with an offer are acceptable and newly issued US certificates can be provided prior to delivery to msc.

For good order’s sake please advise what certificated are acceptable at the time of offer.

ANSWER: PWS has been updated regarding Polar Code certification, see the recent contract ammendment.

18. ATTACHMENT B – FUEL CONSUMPTION TAB - PLEASE ADVISE THE rate for VLSFO fuel.

ANSWER: The VLSFO price it is equivalent to MGO price $778.79 per MT. Attachment B – Basic Pricing Data have been updated to reflect this price.

19. PWS - PARAGRAPH VV(3) - Previous Ice Class Tanker RFPs have not required Offerors to include a “List of overseas countries and ports the vessel has called at within the past five (5) years of RFP issuance, duration of stay and general purpose of visit.” Please confirm the requested list is indeed a requirement.

ANSWER: The requirement remains unchanged.

20. RFP Part X, Instructions to Offerors, section B(4), requires offerors to submit: A technical description of the items being offered in sufficient detail to evaluate compliance with (or acknowledgement of, as appropriate) the requirements in the solicitation. This may include product literature, or other documents, if necessary”.

Since the requirements for the design, installation, testing, and operation of the two CONSOL stations outlined in Attachment M are unique, and technically complex, please confirm our understanding that the government will require the following documents, at a minimum, to be included in offeror proposals in order to ensure technical acceptability by government subject matter experts from Port Hueneme with respect to all RFP CONSOL requirements:

1. CONSOL system general arrangement drawing

2. CONSOL pull-test plan

3. CONSOL Operations SMS procedure

ANSWER: PWS has been amended to reflect this.

21. Please confirm that a 5 year trading history is required for this procurement.

ANSWER: The requirement remains unchanged.

22. Cancellation fees are requested as part of the Price Proposal. Please confirm that these are not to be also provided in the charter boxes.

ANSWER: Cancellation fees are not a requirement and any references to the clause have been removed from the RFP.

23. A subcontracting plan is requested as part of the Past Performance volume. Please confirm that this is correct and sub k plan is not to be submitted as a part of the business proposal.

ANSWER: The language for the sub-contracting plan has been removed from Past Performance. The language that requires a sub-contracting plan can be found uner Section n of Part X of box 97.

24. The PWS (Attachment E) states that, "Owner must confirm the vessel shall be MARPOL/SOLAS compliant with the IMO Polar Code, and owner must provide supporting documentation in offer including a present copy of the vessel’s IMO Polar ship certification."

We understand that the latter requirement should be satisfied at or about the time the vessel enters into a charter. Please confirm the Polar certification can be provided when the vessel begins the charter.

ANSWER: Please refer back to the answer of question #9.

25. The RFP incorporates FAR 52.247-64 which is a preference for privately owned US flag commercial vessels. Does the government consider a U.S. flag vessel with a registry endorsement owned by a US citizen trust with a foreign beneficiary and bareboat chartered to a US citizen pursuant to 46 U.S.C. §12111(c) as a “privately owned US flag commercial vessel” within the meaning of FAR 47.501?

ANSWER: Note that the RFP incorporates FAR 52.247-64 Alternate I, specifically. Further, please note that while the RFP contains FAR 52.247-64, this is somewhat superfluous as, subject to Amendment 003, the PWS affirmatively requires that the vessel is US Flag upon delivery. While MSC verifies the flag of the vessel upon delivery, the determination whether a vessel meet requirements for U.S. Flag or not is not a determination made by MSC.

26. Will any preference be given to a vessel that is owned by a documentation citizen (46 U.S.C. §12103(b)) over a vessel owned by a US citizen trust with a foreign beneficiary pursuant to 46 U.S.C. §12111(c)?

ANSWER: The solicitation contains no preference for vessels owned by documentation citizens.

27. In regards to your questions and answers #1 and #2, I don’t understand why API 37 should be the density used for the STOW PLANS. Please see attached MSDS sheets for JP8 and JP5, which is closer to API 44. Please advice.

ANSWER: The SDS for JP8 and JP5 provided which showed an API of 44 was for products that were produced by Hess Refinery in New Jersey.

DLA procures JP8 and JP5 that is produced by different refineries worldwide.

Because each refinery is different, DLA requires their JP8 and JP5 meet an API within a certain range.

Their manufacturing specs will not be identical to Hess’, so their products’ API could be denser than 44, that is why we plan for the densest allowed API of 37 for JP5 and 36 for JP8 because this is the limit accepted by DLA in their contracts worldwide.

28. In Box 97, will the government accept an option to purchase from a US citizen trust flagging the vessel to the US flag pursuant to 46 U.S.C. 12111(c), or will it be necessary to submit evidence from the foreign beneficiary that the offeror has the right to sell the vessel?

ANSWER: Per the RFP, the offeror must provide evidence that it has the right to sell the proposed vessel in the event the option to purchase is exercised by the Government.

29. Can the government’s option to purchase a vessel owned by a US citizen trust be contained in the bareboat charter with the government as a third party beneficiary?

ANSWER: The right to sell the vessel is something that, depending on circumstances, can be contained within a bareboat charter agreement in the event the offeror is not the owner of the vessel.

30. Part IV (g) 2.iv - Limitation of Coverage to U.S. Limitation of Ship owners Liability Act……Hull, IV, War and Second Seamen’s…Contractor shall arrange for such limiting language to be stricken or amended for the USA as additional assured Charterer. Can MSC / Government please advise what is the purpose of this paragraph so we can explain in our negotiations with Hull, IV and War Underwriters?

ANSWER: Some marine insurance policies limit coverage to the amount to which the Owner is able to limit Owner’s liability pursuant to law. MSC wants to ensure that such insurance policies are not limited in payment or coverage amount with respect to the coverage afforded the United States of America as additional assured Charterer.

31. Part IV (k) 1 - Charterers Option to assign supercargo: Will the Government / MSC indemnify the Contractor for the risk of life, illness and injury claims to supercargo?

ANSWER: We will not agree to indemnify the contractor for the risk of life, illness and injury claims to supercargo.

32. Part IV (k) 2 - Military Personnel – Will the Government / MSC indemnify the Contractor for Military / Civil Service personnel to the extent that they are barred from bringing suit under the Ferres Doctrine and the Federal Employees Compensation Act?

ANSWER: Assuming you meant to ask “to the extent that they are NOT barred”: We will not agree to indemnify the Contractor for suits brought by military/civil service personnel.

33. Part IV (u) - GENERAL AVERAGE – Can MSC explain the requirement that Charterers contribution to general average is not to exceed three (3) times the Owner’s contribution?

ANSWER: This provision serves to limit MSC’s liability in a general average claim.

34. Part IV (w) - LIMITATION – Can MSC explain the purpose of “(against parties other than the Charterer) on the theory of personal contract or otherwise”?

ANSWER: This provision means that, as a general matter, the Owner may take advantage of limitations of and exemptions from liability accorded the Owner or Chartered Owner of the vessel. However, to the extent that the contract terms entitle the Government to compensation from the Contractor for the Contractor’s failure to perform the requirements and obligations of this Charter, or the statute or rule of law that would ordinarily allow the Contractor to limit liability is subordinate to a statutorily mandated provision of the Charter contract, the Owner is not entitled to limit liability. The phrase “nothing in this Charter Party shall operate to limit or deprive Owner of any statutory exceptions or limitation of liability (against parties other than the Charterer) on the theory of personal contract or otherwise” means, essentially, that the contract should not be interpreted as limiting or depriving the Owner of the benefit of statutory exceptions or limitation of liability, as far as these benefits are exercised against parties OTHER than the Charterer (Government).

35. Part IV (ad) - MSC SHIPBOARD ANTI TERRORISM / FORCE PROTECTION MEASURES: Will the Government / MSC indemnify Contractor for Military and Civil Servant personnel to the extent that they are barred from bringing suit under the Ferres Doctrine and the Federal Employees Compensation Act?

ANSWER: Assuming you meant “they are NOT barred” : We will NOT agree to indemnify the Contractor.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PRFORMA

MILITARY SEALIFT COMMAND

TANKER TIME CHARTER (TANKTIME – 13.5)

AUGUST 2020

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 2020 (08-2020)

MSC TANKTIME 00 I-9

LIST OF EFFECTIVE CHANGES

MSC TANKTIME 2020 (08-2020)

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TANKER TIME CHARTER

TABLE OF CONTENTS

PART PAGE NO.

I. TANKTIME BOXES I-1 – I-7

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

Former DoD Officials

Technical Data

(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 252.203-7000 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

(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 252.211-7007 Reporting of Government-Furnished 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

(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—

(49) (i) DFARS 252.225-7036 Buy American--Free Trade Agreements—

(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

(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

(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

(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

(85) DFARS 252.247-7025 Reflagging or Repair Work

(86) DFARS 252.247-7026 Evaluation Preference for Use of Domestic

(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

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

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

(35) DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy

(DEVIATION 2020-O0001) (NOV 2019)

(36) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001) (NOV 2019)

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

IX. ATTACHMENTS IX-1 – IX-6

(c) Attachment IX(C) - Fuel Consumption Template

(d) Attachment IX(D) - Shipyard Data Information Template

X. INSTRUCTIONS TO OFFERORS X-1 – X-8

XI. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a)) XI-1 – XI-3

Tax Liability or a Felony Conviction Under any Federal Law

(4) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation

(5) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(a) Required (Incorporated by Reference)

(1) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

MSC TANKTIME 2020 (08-2020) xi

MSC TANKTIME 2020

Vessel(s):

Owner, Unique Entity Identifier (UEI), CAGE, TIN (and TIN of parent, if applicable):

MSC TANKTIME 02 (12/02) I-2

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E - Performance Work Statement (PWS).

FAR 52.212-4(as tailored) has been amended in box 6 to give first precedence to the dry time boxes and attachment E in the ORDER OF PRECEDENCE clause.

2. Place/Range of Delivery:

Mediterranean Sea Range (Piraeus, Greece).

3. Place/Range of Redelivery:

Mediterranean Sea Range (Souda Bay, Crete).

4. Charter Period

The firm period will end 12-months later and there will be three 1-year option periods and one final 11-month period of performance

5. Laydays:

Commencing: 1 October 2021

Cancelling: 15 December 2021

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

Box 27 of the SF1449 is not editable; 27 (a) & (b) are as follows:

27 a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

27 b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

AMEND PART II FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) (s) TO READ:

ORDER OF PRECEDENCE (TAILORED)

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

MSC CONTACT INFORMATION.

Vessel(s) :

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (name, address, phone, e-mail, fax):

CPARS POC, if different from above (name, email):

11. Broker (address, phone, e-mail, fax):

12. Remittance Address for Hire (if other than Box 11)

Full Operational Status (FOS) – Per Day

16. Reserved

17. Delivery/Redelivery Bonuses:

VESSEL DATA

21. Vessel type and, if applicable, MARAD design type:

32. Beam (extreme)

a. ft: b. m:

34. Immersion (on draft in Box 36):

a. ft: b. m:.

36. Summer mean draft:

a. LT: b. t:.

38. Displacement, loaded (on draft in Box 36):

a. LT/in: b. t/cm:

39. Summer Load Line Freeboard:

a. ft: b. m:.

40. Shaft Horsepower:

a.. hp: b. kW:

44. Classification society entered and class assigned:

45. ISM certification? _____Yes _____No If yes, expiration date:

50. MarAd subsidized vessel? _____Yes _____No

51. Oil-pollution liability P&I coverage (maximum USD):

52. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS

55. Number of grades of cargo that can be loaded/discharged simultaneously, using separate lines, pumps, and manifold connections:

56. Cargo cubic capacity (98% full ex slop tanks)

a. Bbls: b. m3:

57. Segregated clean ballast tank cubic capacity (98% full)

a. Bbls: b.. m3:

58. Slop tank capacity (98% full)

a. Bbls: b. m3:

59. List cargo tanks , coating type for each tank, and date of each coating:

SYSTEM DESCRIPTION (bbls and/or m3) (Identify cargo, ballast, and slop tanks)

60.

61. Manufacturer/type/designation of tank coating(s):

64. Distance, bow to center manifold:

a. ft.: b. m:

65. Distance, stern to center manifold:

a. ft.: b. m:

66. Distance, rail to center manifold:

a. ft.: b. m:

67. Distance, deck to center manifold:

a. ft.: b. m:

70. Heating coils/composition (describe):

71. Inert gas system (describe):

72. Vapor recovery system (describe):

PUMPS

73. Number and type of cargo pumps:

74. Capacity of cargo pumps (at 100 psi at manifold):

a. Bbls per hour: b. m3 per hour:

75. Number and type of stripping pumps:

76. Capacity of stripping pumps (at 100 psi at manifold):

a. Bbls: b. m3:

GEAR

77. Number, location, and SWL capacity of winches, derricks, booms, and cranes:

MOORING ARRANGEMENTS

78. Number, location, brake holding power of mooring winches:

79. Number, length, and diameter of wires:

80. Breaking strength of wires:

81. Number, length, diameter of mooring ropes:

82. Breaking strength of mooring ropes:

CASUALTIES / DEFICIENCIES / WARRANTS

83. Has Vessel been involved in any serious grounding or collusion within a period of five years from the submission date of this proposal? If yes, include a full description.

84. Has Vessel been involved in any pollution incident within a period of five years from the submission date of this proposal? If yes, include a full description.

85A. Are any deficiencies lodged by any regulatory body outstanding against the Vessel. If yes, include a full description.

85B. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

INSPECTIONS

86. List oil company vetting inspections conducted during the past year and date of expiration.

FUEL CONSUMPTION AT SERVICE SPEEDS

92b. In-port discharge period fuel consumption (net bbls at 60F and grade(s)):

93. Discharge/Ballasting/Deballasting fuel consumption (net at 60F and grade(s)):

Grade: Bbls: m3:

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated)

94: Grades Consumed:

Knots

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96. Minimum Vessel fuel specifications:

Box No.

CONTINUATION

97. Space for continuation of responses (refer to prior box numbers)

ADD PART IV(k)(4)) Cadet Training. As required by 46 U.S.C. § 51307, the Owner/Operator shall participate in programs for Merchant Marine cadet training under the sponsorship of, and in accordance with the policies and procedures of, the United States Merchant Marine Academy (USMMA) and shall carry on this vessel at least 2 USMMA cadets, if available, on each voyage. The USMMA will determine whether it has cadets available for cadet training. Cadet wages, berthing, training, subsistence, and transportation shall be solely the responsibility of the Owner/Operator. If USMMA cadets are not available, the Owner shall participate in programs for Merchant Marine cadet training under the sponsorship of, and in accordance with the policies and procedures of, accredited state academies. The state academies will determine whether they have cadets available for cadet training. Available positions shall be distributed as equally as possible among the requesting schools. Cadet wages, berthing, training, subsistence, and transportation shall be solely the responsibility of the Owner.

ADD PART IV (as): Option to Purchase This Time Chartered Vessel (TAILORD) - The Government has an option to purchase the vessel as stated herein. The Government may purchase the vessel following the completion of any contract period provided this option to purchase is exercised by the giving of written notice no later than the end of the then current contract period. "Contract period" means the base period or any option period following the exercise of an option under FAR 52.217-9, including any extension pursuant to FAR 52.217-8. Upon exercise of this purchase option, the Government and the Contractor shall proceed diligently to closing which shall include, inter alia, transfer of title warranted by Contractor to be free of any claims, liens, charges, or other encumbrances of any kind or nature. Closing shall occur no later than thirty (30) calendar days following the end of the contract period in which the option is exercised. The purchase price shall be the GREATER of the contractor's offered purchase price as stated in this time charter contract or the "fair market value" of the vessel at the time this option is exercised. “Fair market Value” shall be determined by an appraiser, appointed and contracted solely by the Government, who shall provide such appraisal no earlier than ninety (90) days prior to the end of the contract period in which this option to purchase is exercised. The vessel shall be delivered to the Government at the place and time designated in the option exercise notice. If the purchase price is the "fair market value" of the vessel, then the vessel shall be delivered in the condition considered by the appraiser in determining the "fair market value." If the purchase price is the contractor's offered option purchase price, then the vessel shall be delivered in the condition that the Government accepted it at the initial time of on-hire under this time charter contract, and previously issued modifications, ordinary wear and tear excepted.

Option to Purchase Price $ ________________________

UPDATE PART (IV) (ae) to add the following: Special Requirements. (NOTE): when submitting an invoice, send an email to: COMSC.TANKERS@NAVY.MIL referencing the invoice number, vessel name, amount of the invoice and a brief description of the nature of the invoice.

ADD PART IV (at): Sovereign Immunity - While performing ship operations, the Contractor shall ensure the Master advises foreign authorities and husbanding agents that the vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board. The Contractor shall observe all guidelines found in NAVADMIN 158/16, Sovereign Immunity Policy, ALMSC 020/06 Sovereign Immunity Guidance for MSC Masters, and ALMSC 026/09, Supplemental Sovereign Immunity Guidance, all of which shall be provided upon contract award. The Contractor shall contact the Area Command for the area of operations (AO) should any foreign authority or husbanding agent request information (submission of documents or completion of forms) contrary to the US Navy and MSC sovereign immunity policies.

CALL OUT AMEND PART V (a): Security Clearances: to add the following information: The Master, Chief Officer, and an additional officer (deck or engineering) shall have a completed investigation comparable to at least a National Agency Check and adjudication indicating eligibility for access to SECRET.

CALL OUT PART V (a)(B):Contractor Facility Clearance. The Contractor shall possess a SECRET facilities clearance at time of proposal submission.

CALL OUT PART V(f) Contractor Security (CS) Applies

DELETE PART VI in its entirety and REPLACE with:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of…