N32205-16-R-3516.pdf

SEE ADDENDUM

(No Collect Calls)

N32205-16-R-3516 02-Sep-2016

b. TELEPHONE NUMBER

757-443-5896

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 03 Oct 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRYCE R.KEMMERER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-443-5914 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF144

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Charter Hire Firm Period

FFP

365 Days FOB: Destination

NET AMT

Port Charges Firm Period

FFP

1 Each

Fuel Charges Firm Period

FFP

OPTION Charter Hire Option One

FFP

OPTION Port Charges Option One

FFP

OPTION Fuel Charges Option One

FFP

OPTION Charter Hire Option Two

FFP

OPTION Port Charges Option Two

FFP

OPTION Fuel Charges Option Two

FFP

Charter Hire Option Three

FFP

Port Charges Option Three

FFP

Fuel Charges Option Three

FFP

Charter Hire Option Four

FFP

Port Charges Option Four

FFP

Fuel Charges Option Four

FFP

MSC RFP N32205-16-R-3516

DRY TIME

UNDER FAR PART 12

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 completed Parts I through XIII.

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 XIII 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 XIII 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.

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

DRYTIME CHARTER

TABLE OF CONTENTS

Part Page No.

I. DRYTIME BOXES I-1 – I-21

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) II-1 – II-10

(a) Inspection (tailored) II-1

(b) Assignment II-2

(c) Changes (tailored) II-2

(d) Disputes II-2

(e) Definitions (tailored) II-3

(f) Excusable Delays (tailored) II-3

(g) Invoice II-3

(h) Patent Indemnity II-4

(i) Payment II-4

(j) Risk of Loss (tailored) II-5

(k) Taxes (tailored) II-6

(l) Termination for the Government's Convenience II-6

(m) Termination for Cause (tailored) II-6

(n) Title II-7

(o) Warranty (tailored) II-7

(p) Limitation of Liability II-9

(q) Other Compliances II-9

(r) Compliance with Laws Unique to Government Contracts II-9

(s) Order of Precedence (tailored) II-9

(t) System for Award Management (SAM) II-9

(u) Unauthorized Obligations II-10

III. DRY CARGO TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) III-1 – III-16

(a) Charter Hire III-1

(b) Mission III-1

(c) Reporting Requirements III-1

(d) Crew III-2

(e) MARAD Construction Differential Subsidy (CDS) III-2

(f) Cargo Receipt III-2

(g) Loading and Discharging III-3

(h) Oil Pollution Spill III-4

Part Page No.

(i) Safety in Loading and Discharging Cargo III-4

(j) Deck Cargo III-5

(k) Cleaning III-5

(l) Ship Physical Security Equipment III-5

(m) Shipboard Security System (SSS) Requirements III-6

(n) AT/FP Requirements III-6

(o) Chemical, Biological, and Radiological Defense (CBR-D) and Force Protection (FP) Requirements III-10

(p) CBDR – Specifications for Decontamination Station III-11

(q) Personnel and Facility Security Clearances III-15

(r) Security Clearances and Common Access Cards (CAC) III-15

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV–1 - IV-27

(a) General Definitions IV-1

(b) Delivery IV-8

(c) Redelivery IV-8

(d) Ports/Places IV-8

(e) Charter Period IV-9

(f) Drydock IV-9

(g) Insurance IV-9

(h) War IV-10

(i) Government War Risk Insurance / Indemnity IV-11

(j) Readiness IV-12

(k) Off-Hire IV-12

(l) Supercargo and Government Designated Representatives IV-13

(m) Time Lost IV-14

(n) Negligence of Pilots IV-14

(o) Port Charges and Expenses IV-14

(p) Owner’s Obligation IV-14

(q) Fuel IV-15

(r) Reduced Operational Status (Layup) IV-17

(s) Waiver of Claims IV-17

(t) Charter Not a Demise IV-17

(u) Subcharter IV-17

(v) General Average IV-17

(w) Salvage IV-18

(x) Limitations IV-18

(y) Alterations IV-19

(z) Reimbursable Supplies and Services (Charters) IV-19

(aa) Standards of Appearance IV-20

(ab) Savings IV-21

(ac) Law Governing IV-21

(ad) Substitution IV-21

(ae) MSC Shipboard Antiterrorism/Force Protection Measures IV-21

(af) Payment IV-22

(ag) Special Requirements IV-22

(ah) Statutory Employee IV-23

(ai) In-Transit Visibility IV-23

(aj) Security Threat IV-23

(ak) Immunizations (U.S. -Flag Only) IV-23

(al) Changes Applicable to Foreign Flag Awards Only IV-24

(am) Investigations IV-24

(an) Military Extraterritorial Jurisdiction Act IV-24

(ao) Crew List IV-24

(ap) Bonuses IV-25

(aq) No-Cost Cancellation IV-26

(ar) Enterprise-Wide Contractor Manpower Reporting Application (ECMRA) IV-26

(as) CBR-D – Chemical, Biological and Radiological Defense IV-27

(at) CBR-DO - Chemical, Biological and Radiological Defense Officer IV-27

(au) CMWD – Countermeasure Washdown System IV-27

V. DRY CARGO 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 V-1

(b) Reserved V-1

(c) Navigation Equipment V-1

(d) Fuel Monitoring V-1

(e) Time Charter War Risk V-2

(f) Automated External Defibrillator (AED) V-3

(g) Reserved V-3

(h) Crew Appearance V-3

(i) Reserved V-3

(j) Both to Blame V-3

(k) Tugs and Barges V-3

(l) Contractor Security (CS) V-4

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM VI-1 – VI-7

(a) Required

(1) FAR 52.222-50 Combating Trafficking in Persons VI-1 With Alternate I VI-1

(2) FAR 52.233-3 Protest After Award VI-1

(3) FAR 52.233-4 Applicable Law for Breach of Contract Claim VI-1

(b) Required by Contracting Officer as Applicable

(1) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government with Alternate I VI-1

(2) FAR 52.203-13 Contractor Code of Business Ethics and Conduct VI-1

(3) FAR 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 VI-1

(4) FAR 52.204-10 Reporting Executive Compensation and First- Tier Subcontract Awards VI-1

(5) Reserved VI-1

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

(7) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts VI-1

(8) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment VI-1

(9) FAR 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters VI-1

(10) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations VI-1

(11) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award VI-1

(12) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns VI-1

(13) Reserved VI-1

(14) (i) 52.219-6, Notice of Total Small Business Aside VI-2

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) FAR 52.219-7, Notice of Partial Small Business Set-Aside VI-2

(16) FAR 52.219-8, Utilization of Small Business Concerns VI-2

(17) (i) 52.219-9, (i) 52.219-9, Small Business Subcontracting Plan VI-2

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct 2014) of 52.219-9.

(18) FAR 52.219-13 Notice of Set-Aside of Orders VI-2

(19) FAR 52.219-14, Limitations on Subcontracting VI-2

(20) FAR 52.219-16, Liquidated Damages—Subcontracting Plan VI-2

(21) FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside VI-2

(22) FAR 52.219-28 Protest Award Small Business Program Rerepresentation VI-2

(23) FAR 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns VI-2

(24) FAR 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program VI-2

(25) FAR 52.222-3 Convict Labor VI-2

(26) FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies VI-2

(27) FAR 52.222-21 Prohibition of Segregated Facilities VI-2

(28) FAR 52.222-26 Equal Opportunity VI-2

(29) FAR 52.222-35 Equal Opportunity for Veterans VI-2

(30) FAR 52.222-36 Affirmative Action for Workers with Disabilities VI-2

(31) FAR 52.222-37 Employment Reports on Veterans VI-2

(32) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act VI-2

(33) FAR 52.222-54 Employment Eligibility Verification VI-2

(34) (i) FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items VI-3

(ii) Alternate I VI-3

(35) FAR 52.223-13 Acquisition of EPEAT® -Registered Imaging Equipment VI-3

(ii) Alternate I (Jun 2014) of 52.223-13.

(36) FAR 52.223-14 Acquisition of EPEAT® -Registered Television

(37) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products VI-3

(38) (i) FAR 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products VI-3

(ii) Alternate I VI-3

(39) FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving VI-3

(40) FAR 52.225-1 Buy American Act—Supplies VI-3

(41) (i) FAR 52.225-3 Buy American Act—Free Trade Agreements— Israeli Trade Act VI-3

(ii) Alternate I VI-3

(iii) Alternate II VI-3

(iv) Alternate III VI-3

(42) FAR 52.225-5 Trade Agreements VI-3

(43) FAR 52.225-13 Restrictions on Certain Foreign Purchases VI–3

(44) FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States VI-3

(45) FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside VI-3

(46) FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area VI-3

(47) FAR 52.232-29 Terms for Financing of Purchases of Commercial Items VI-3

(48) FAR 52.232-30 Installation Payments for Commercial Items VI-3

(49) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management VI-3

(50) FAR 52.232-34 Payment by Electronic Funds Transfer – Other Than System for Award Management VI-3

(51) FAR 52.232-36 Payment by Third Party VI-3

(52) FAR 52.239-1 Privacy or Security Safeguards VI-3

(53) (i) FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels VI-3

(ii) Alternate I VI-3

(c) Required by Contracting Officer as Applicable to Services

(1) FAR 52.222-41 Service Contract Act of 1965 VI-4

(2) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires VI-4

(3) FAR 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) VI-4

(4) FAR 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment VI-4

(5) FAR 52.222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements VI-4

(6) FAR 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements VI-4

(7) FAR 52.222-17 Nondisplacement of Qualified Workers VI-4

(8) FAR 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations VI-4

(9) FAR 52.237-11 Accepting and Dispensing of $1 Coin VI-4

(d) Comptroller General Examination of Record VI-4

(e) Flowdown Subcontractor

(i) FAR 52.203-13 Contractor Code of Business Ethics and Conduct VI-5

(ii) FAR 52.219-8 Utilization of Small Business Concerns VI-5

(iii) FAR 52.222-17 Nondisplacement of Qualified Workers VI-5

(iv) FAR 52.222-26 Equal Opportunity VI-5

(v) FAR 52.222-35 Equal Opportunity for Veterans VI-5

(vi) FAR 52.222-36 Affirmative Action for Workers with Disabilities VI-5

(vii) FAR 52.222-37 Employment Reports on Veterans

(viii) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act VI-5

(ix) FAR 52.222-41 Service Contract Act of 1965 VI-5

(x) FAR 52.222-50 Combating Trafficking in Persons VI-5 With Alternate I VI-5

(xi) FAR 52.222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements VI-5

(xii) FAR 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements VI-5

(xiii) FAR 52.222-54 Employment Eligibility Verification VI-5

(xiv) FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States VI-5

(xv) FAR 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations VI-5

(xvi) FAR 52.247-64 Preference for Privately Owned U.S.-Flagged Commercial Vessels VI-5

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS VII-1 – VII-2

(a) Required

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

(2) DFARS 252.227-7015 Technical Data – Commercial Items VII-1

(3) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data VII-1

(4) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel VII-1

(5) DFARS 252.222-7007 Representation Regarding Combatting Trafficking in Persons VII-1

(6) FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan VII-1

(b) Required for Contracts Greater than $1,000,000.00

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

(c) Required for Contracts Greater than $500,000.00

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

(d) Required for Contracts that Exceed the Simplified Acquisition Threshold

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

(2) DFARS 252.243-7002 Requests for Equitable Adjustment VII-1

(e) Required for Contracts Awarded to U.S. Vendors

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

(f) Required for Contracts Awarded to U.S. Flag Vessel

(1) DFARS 252.247-7027 Riding Gang Member Requirements VII-1

(g) Required for Contracts where Offeror provided Negative Response to 252.247-7022 Representation of Extent of Transportation by Sea

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

(h) Required by Contracting Officer as Applicable

(1) DFARS 252.203-7003 Agency Office of the Inspector General VII-1

(2) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) VII-2

(3) DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program) VII-2

(4) (i) DFARS 252.225-7001 Buy American and Balance of

Payments Program VII-2

(ii) Alternate I VII-2

(5) DFARS 252.225-7008 Restriction on Acquisition of Specialty Metals VII-2

(6) DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals VII-2

(7) DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools VII-2

(8) DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings VII-2

(9) DFARS 252.225-7017 Photovoltaic Devices VII-2

(10) (i) DFARS 252.225-7021 Trade Agreements VII-2

(ii) Alternate I VII-2

(iii) Alternate II VII-2

(11) DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales VII-2

(12) DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments VII-2

(13) (i) DFARS 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program VII-2

(ii) Alternate I VII-2

(iii) Alternate II VII-2

(iv) Alternate III VII-2

(v) Alternate IV VII-2

(vi) Alternate V VII-2

(14) DFARS 252.225-7038 Restriction on Acquisition of Air Circuit Breakers VII-2

(15) DFARS 252.227-7013 Rights in Technical Data – Noncommercial Items VII-2 (16) DFARS 252.237-7019 Training for Contractor Personnel Interacting with Detainees VII-2

(17) DFARS 252.246-7004 Safety of Facilities, Infrastructure and Equipment for Military Operations VII-2

(18) DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer VII-2

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

(ii) Alternate I VII-2

(iii) Alternate II VII-2

(iv) Alternate III VII-2

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES VIII-1 – VIII-11

(a) FAR 52.252-2 Clauses Incorporated by Reference VIII-1

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

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

(2) FAR 52.232-18 Availability of Funds VIII-1

(3) FAR 52.245-1 Government Property VIII-1

(4) DFARS 252.201-7000 Contracting Officer’s Representative VIII-1

(5) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights VIII-1

(6) DFARS 252.204-7000 Disclosure of Information VIII-1

(7) DFARS 252.204-7003 Control of Government Personnel Work Product VIII-1

(8) DFARS 252.204-7008 Export-Controlled Items VIII-1

(9) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country VIII-1

(10) DFARS 252.211-7006 Passive Radio Frequency Identification VIII-1

(11) DFARS 252.215-7007 Notice of Intent to Re-solicit VIII-1

(12) DFARS 252.215-7008 Only One Offer VIII-1

(13) DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives VIII-1

(14) DFARS 252.225-7040 Contractor Personnel Supporting a Force Deployed Outside the United States VIII-1

(15) DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States VIII-1

(16) DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property VIII-1

(17) DFARS 252.245-7002 Reporting Loss of Government Property VIII-1

(18) DFARS 252.245-7003 Contractor Property Management System Administration VIII-1

(19) DFARS 252.245-7004 Reporting, Reutilization and Disposal VIII-1

(20) DFARS 252.247-7025 Reflagging or Repair Work VIII-1

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

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

(2) FAR 52.217-8 Option to Extend Services VIII-3

(3) MSC Option to Extend the Term of the Contract VIII-3

(4) Reserved VIII-3

(5) Reserved VIII-3

(6) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions VIII-3

(7) MSC Specific Wide Area Workflow (WAWF) Instructions VIII-5

(8) DFARS 252.232-7010 Levies on Contract Payments VIII-6

(9) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting VIII-6

IX. ATTACHMENTS IX-1 – IX-13

(a) Past Performance Data Sheet IX-2

(b) Past Performance Questionnaire IX-4

(c) Guidelines for Full/Partial Off-Hire Percentages on Readiness IX-7 Issues for Prepositioned Vessels

(d) U.S. Department of Labor Wage Determination IX-9

(e) DD Form 254, Contract Security Classification Specification IX-10

(f) Government Furnished Property and Directives (GFP) IX-11

X. INSTRUCTIONS TO OFFERORS X-1 – X-9

(a) Required FAR Clauses (Incorporated By Full Text)

(1) FAR 52.212-1 Instructions to Offerors – Commercial Items (tailored pursuant to FAR 12.302(a)) X-1

(a) North American Industry Classification System (NAICS) Code and Small Business Size Standard X-1

(b) Submission of Offers (tailored) X-1

(c) Period for Acceptance of Offers (tailored) X-5

(d) Vessel Substitutions (tailored) X-5

(e) Multiple Offers X-5

(f) Late Submissions, Modifications, Revisions, and Withdrawals of Offers X-5

(g) Contract Award X-6

(h) Multiple Awards X-6

(i) Availability of Requirements Documents Cited in the Solicitation X-6

(j) Data Universal Numbering System (DUNS) Number X-7

(k) System for Award Management X-7

(l) Debriefing X-7

(m) Service of Protest (tailored) X-8

(n) Ownership X-8

XI. FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS

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

XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY FAR XII-1 – XII-18

(a) FAR 52.252-1 Solicitation Provisions Incorporated by Reference XII-1

(b) Required (Incorporated by Reference)

(1) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification XII-1

(c) Required (Incorporated by Full Text)

(1) FAR 52.209-7 Information Regarding Responsibility Matters XII-1

(2) FAR 52.212-3 Offeror Representations and Certifications

– Commercial Items with Alternate I XII-2

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS XIII-1 – XIII-3

(a) Required (Incorporated by Reference)

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

(b) Required (Incorporated by Full Text)

(1) DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under Any Federal or State Law XIII-1

(2) DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (DEVIATION 2012-O0004) XIII-1

(3) Reserved XIII-2

(c) Required DFARS Clause by Contracting Officer as Applicable

(1) DFARS 252.247-7026 Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade XIII-2

Vessel(s):

MSC DRYTIME

PART I - DRYTIME BOXES

Solicitation Number: N32205-16-R-3516 Contract Number (date):

1. Vessel(s) Required:

The Vessel shall be a U.S. flag (upon delivery), self-sustaining combination container/break bulk vessel with hydraulic rolling hatches, the capability to lift containerized cargo, refrigerated containers, flat racks, break bulk, hazardous cargo including ammunition, and rolling stock. The Vessel shall at a minimum accommodate four supercargo, in addition to the Master, Officers, and crew. The Vessel shall have a minimum Speed of Advance (SOA) of 15 Knots. The Vessel shall have a minimum operating range of 8000 nautical miles. The Vessel’s maximum draft shall not exceed 35 feet. (See Block 75 for continuation)

2. Place / Range of Delivery: Far East/Indian Ocean (Port in

CHOP)

3. Place / Range of Redelivery:

Far East/Indian Ocean (Port in CHOP)

4. Charter Period):

Base period of 12 months with three option periods of 12 months each and one 11-month option period.

5. Laydays:

Commencing: 07 June 2017 Ending: 08 June 2017

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

Add Part V (c) NAVIGATIONAL EQUIPMENT Add Part V (e) TIME CHARTER WAR RISK

Completed DD Form 254, Contract Security Classification Specification Any vessel requiring reflagging shall not exceed 15 years in age at time of delivery; except if vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis). Additionally, any vessel built in a foreign shipyard shall have a minimum of one year’s documented performance history at the time of offer submission.

The Vessel shall be fitted with a USCG-approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

Delete Part X(a)(2)

Part IV(a) modified to delete inapplicable definitions

Solicitation Number: N632205-16-R-3516 Contract Number (date):

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

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

12. Remittance address for hire (if other than box 10):

FOURTH PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

(ROS LESS THAN 10 DAYS) (ROS 10 DAYS AND LONGER)

13C. USD per diem

14C. USD per diem

15C. USD per diem

Solicitation Number : N32205-16-R-3516 Contract Number (date):

PRICING DATA

FIRST PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

13. USD per diem

14. USD per diem

15. USD per diem

SECOND PERIOD

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

13A. USD per diem

14A. USD per diem

15A. USD per diem

THIRD PERIOD

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

13B. USD per diem

14B. USD per diem

15B. USD per diem

FIFTH PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL STATUS

RATE

13D. USD per diem

14D. USD per diem

15D. USD per diem

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

17. Other Costs:

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

20. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): SELECT ONE

Offeror IS a VISA Participant _____ Priority Level ______ Vessel(s) offered IS (ARE)) Enrolled in VISA _____ Offeror HAS APPLIED to be a VISA Participant _______ Vessel(s) offered WILL BE Enrolled in VISA _____ Offeror IS NOT a VISA Participant _______ Vessel(s) IS (ARE) Not Enrolled in VISA ____

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

22. Place built

23. Year built: Flag:

24. INMARSAT Ident.:

25. Vessel's e-mail/Fax:

26. Call Letters:

27. Official number:

28. Net registered tonnage:

29. Panama Canal tonnage:

30. Gross registered tonnage:

31. Suez Canal tonnage:

32. Beam (extreme)

a. (ft) b. (m)

33. Length Overall:

a. (ft) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft) b. (m)

36. Summer mean draft:

a. (ft) b. (m)

37. Deadweight capacity (on draft in Box 36):

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/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MarAd subsidized vessel: Yes _____ Will not be subsidized after postaward sale.

No ______

50. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

51. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Number of tween decks:

53. Cargo Space

a. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU):

55. Total on-deck container capacity (TEU/FEU):

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

57. Reefer-space capacity (cu ft / cu meters):

58. Deep-tank capacity (cu ft/cu meters/bbls):

59. Capacity of spaces fitted with cell guides (TEU):

60. Amount and location of permanent ballast carried:

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

Solicitation Number (date): Contract Number (date):

CARGO CAPACITY (continued)

62. General description of cargo spaces and special features: See block 75

GEAR

63. Number/location/SWL capacity of winches, derricks, booms, and cranes: See block 75

CASUALTIES / DEFICIENCIES

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if "yes")

65. Are any deficiencies lodged by any regulatory body outstanding against the Vessel? (include full description if "yes")

FUEL CONSUMPTION AT SERVICE SPEEDS

66. Average warranted speed (knots, for laden, moderate weather): 67. Average warranted speed (knots, for ballast, moderate weather):

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box 67):

70. Auxiliaries underway fuel consumption (net bbls at 60 deg F and grade(s), only if not elsewhere identified):

71. Idle fuel period fuel consumption (net bbls at 60 deg F and grade(s)):

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated): It is estimated without guarantee that the vessel will be in port 50% of the time and underway laden 50% of the time. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for vessel and cargo maintenance, or for cargo discharging/loading operations 72: Grades Consumed:

73 A. LADEN 73 B. BALLAST

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Knots Net bbls per mile Net bbls per day Operatin g Range

(NM)

08 08

09 09

10 10

11 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

FUEL GRADE

CONTINUATION

75. (Continuation of Block 1)

Container Capacity. The Vessel shall accommodate a minimum of 230 twenty-foot equivalent unit (TEU) containers. Within the specified 230 TEU capacity, the Vessel shall be able to accommodate various combinations of twenty-foot and forty-foot containers with the ability to carry a combination of at least 80 forty-foot containers and 70 twenty-foot containers.

Vessel shall be capable of carrying a maximum load averaging 14 metric tons per container, 100 of which may weigh 22 metric tons, within acceptable limits for overall displacement (load line), trim, stability and hull stress as specified by the regulatory agency for the Vessel.

Refrigerated Container Outlets. Within the 230 TEU capacity specified above, Vessel shall accommodate a minimum of 50 reefer containers (twenty-foot or forty-foot) with outlets, supplied from the ship’s internal electrical distribution system, capable of sustaining refrigerated TEU containers operating on:

200 VAC, 3 phase, 50/60 Hz 220 VAC, 3 phase, 60 Hz 380-415 VAC, 3 phase, 50 Hz 440 VAC, 3 phase, 60 Hz

Break bulk Capacity. The Vessel shall have a minimum break bulk cargo capacity of 100,000 cubic feet bale with a minimum 10 feet of clearance exclusive of TEU capacity specified above. Vessel shall be capable of carrying break bulk ammunition with proper segregation. The Government will sheath holds as required. The Vessel will be provided with sufficient tie-down points (pad eyes, D-rings, etc.) to secure various types of break bulk cargo or vehicles.

The TEU and cube requirements are exclusive of each other; ie., vessel shall be capable of 230 TEUs OR 100,000 Cu.ft.

Cargo Stowage. The Vessel shall be able to accommodate all standard types of dry cargo containers, refrigerated containers, flat racks, and ISO tank containers.

The Vessel shall be equipped with sufficient quantities of matching stacking cones, automatic twist locks

(SATL/IBC), container deck sockets, “D” ring fittings for container deck sockets capable of lashing break bulk cargo, chains and binders for lashing break bulk cargo and lashing gear for carriage and securing of all containers in stacks of two-high minimum on deck.

Hazardous Material. The Vessel shall be capable of carrying all types of hazardous cargo with proper segregations.

Oily Water Separator/Slops Retention. The Vessel shall be fitted with a USCG approved bilge/oily water separator and shall employ methods, both through installed equipment and operational practices, to minimize slops (bilge water, waste oil, contaminated water, etc.) The Vessel shall be capable of retaining all slops generated during normal operations on board for a minimum of 30 days capacity. Existing tanks may be used or converted to meet this requirement.

Self-Sustaining Capability. The Vessel shall be self-sustaining for loading and discharging break bulk, containerized and vehicle cargoes.

Cranes. Vessel’s gear shall consist of at least two booms or cranes with a minimum of 30 LT SWL lifting capacity at all hatches where twenty or forty foot containers are stowed and the capability of lifting 50 LT in tandem.

Spreader Bars. Vessel must be equipped with twenty and forty-foot spreader bars. Such spreader bars shall be supplied by the Vessel Owner.

Lashing. All lashing and securing gear for containers are to be provided by the Vessel Owner.

Deck Loading. Tank tops intended for stowage shall be designed to accommodate heavy vehicles, up to and including the

M-1 tank with a uniformly distributed load of minimum 525 psf. These decks shall be capable of supporting the local loads imposed by such vehicles without recourse to mandatory parking patterns. These decks shall also be capable of supporting lighter vehicles with small footprints (which may impose more severe local loading and specific deck structures) such as fully loaded 2.5 ton trucks or forklift trucks. No grating is permitted on decks intended for cargo stowage.

Vessel Age. Any vessel requiring reflagging shall not exceed 15 years in age at time of delivery; except if vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis). Additionally, any vessel built in a foreign shipyard shall have a minimum of one year’s documented performance history at the time of offer submission.

Marine Sanitation Device (MSD). The Vessel shall be fitted with a USCG-approved MSD. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least 30 days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

76. Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor’s inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery $ (of vessel) Vessel acquisition $ Reflagging $ Conversion/Modification $ During Fixed Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 1st Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 2nd Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 3rd Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 4th Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clauses entitled “Default,” “Termination for Convenience of the Government,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

Note: Pursuant to 10 U.S.C. § 2401, the Government is prohibited from entering into a vessel charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 25% of the value of the vessel for the termination liability; or

ii. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) (tailored pursuant to FAR 12.302(a))

* Indicates that the clause is not tailorable.

^ Indicates that the clause has not been tailored.

(a) INSPECTION (TAILORED)

(1) In General

(i) The Vessel and Associated Equipment shall be subject to the Government's inspection as to suitability for the required service prior to delivery and subject to subsequent inspections at any time during the period of this Charter to determine continuing suitability for the required service as well as to determine whether the material condition of the Vessel and Associated Equipment will prevent effective operation during basic and optional periods (if any) of this Charter. Such inspections may include, but not be limited to:

(A) Condition and operability of all cargo handling gear including standing and running rigging, cranes, booms, gantries, and status of regulatory body inspections of same;

(B) Condition and operability of navigation, communication, and environmental protection equipment and existence of appropriate technical manuals and onboard spares;

(C) Condition (tightness and preservation) of hull, deck plating, superstructure, divisional bulkheads and the operability of ground tackle;

(D) General material condition and maintenance of the Vessel;

(E) Condition, operability, and certification of required safety and firefighting equipment;

(F) Operability and safety of engineering spaces and equipment;

(G) Bunker survey;

(H) Condition of all equipment required under this Charter;

(I) Condition (tightness and preservation) of cargo access equipment including hatch covers, between-deck covers, doors, ramps, ports, and elevators;

(J) Condition of holds.

(ii) The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor.

(iii) If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued.

In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended services or unable to operate for the remaining period of this Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law.

(iv) The Vessel horsepower identified in Boxes 40 and 41 shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government.

(2) Predelivery Inspection. A predelivery inspection of the Vessel may be held at the Charterer's option; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government.

The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this paragraph shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this Charter Party, whether made at the delivery inspection or at any time during the period of the charter period including options if exercised.

(3) Service Inspection

(i) If any of the services do not conform to contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may –

(A) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(B) Reduce the contract price to reflect the reduced value of the services performed.

(ii) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may –

(A) By contract or otherwise, perform the services and charge the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(B) Terminate the contract for default.

*(b) ASSIGNMENT

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) CHANGES (TAILORED)

Changes within the general scope of any of the terms and conditions of this Contract may be ordered by the Contracting Officer. If any such change causes an increase or decrease in the cost of performance, such change will be the subject of a bilateral modification to the Contract. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

*(d) DISPUTES

This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS (TAILORED)

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. Additional definitions are listed in Part IV.

(f) EXCUSABLE DELAYS (TAILORED)

(1) Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion;

earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers or other personnel, as applicable, onboard.

(2) Notification. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(3) Reservation. The exceptions identified in subparagraph (1) above shall not be such as to affect the Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the services specified under this Charter. Defaults of subcontractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under subparagraph (1).

*(g) INVOICE

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(2) (i) Name and address of the Contractor;

(3) (ii) Invoice date and…