17R3519_Draft_RFP.docx

N3220517R3519

Section SF 1449 - CONTINUATION SHEET

Charter Hire - Firm Period

FFP

NET AMT

0001AA

Charter Hire Firm Period

Charter Hire Firm Period (Funding) FOB: Destination

NET AMT

PSC Code: V124

Each

Fuel Charges Firm Period

Fuel Charges Firm Period

NET AMT

Each

Port Charges Firm Period

Port Charges Firm Period

NET AMT

NET AMT

1001AA

Charter Hire Option 1

Charter Hire Option 1 (Funding)

NET AMT

Each

Fuel Charges Option 1

Fuel Charges Option 1

NET AMT

Each

Port Charges Option 1

Port Charges Option 1

NET AMT

NET AMT

2001AA

Charter Hire Option 2

Charter Hire Option 2 (Funding)

NET AMT

Each

Fuel Charges Option 2

NET AMT

Each

Port Charges Option 2

NET AMT

NET AMT

3001AA

Charter Hire Option 3

Charter Hire Option 3 (Funding)

NET AMT

Each

Fuel Charges Option 3

Fuel Charges Option 3

NET AMT

Each

Port Charges Option 3

Port Charges Option 3

NET AMT

NET AMT

4001AA

Charter Hire Option 4

Charter Hire Option 4 (Funding)

NET AMT

Each

Fuel Charges Option 4

Fuel Charges Option 4

NET AMT

Each

Port Charges Option 4

Port Charges Option 4

NET AMT

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

DRYTIME CHARTER

TABLE OF CONTENTS

Part

I. DRYTIME BOXES

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

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES

IX. ATTACHMENTS

X. INSTRUCTIONS TO OFFERORS

PREAMBLE

MSC RFP N32205-17-R-3519

DRY TIME

UNDER FAR PART 12

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 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.

PART I - DRYTIME BOXES

PART I - DRYTIME BOXES Vessel(s):

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E Attachment E is hereby incorporated into the boxes for the purposes of FAR 52.212-4 (as tailored) paragraph (s) ORDER OF PRECEDENCE (TAILORED).

2. Place / Range of Delivery:

Port Canaveral, Florida

3. Place / Range of Redelivery:

Port Canaveral, Florida

4. Charter Period):

1 year time charter with 3 option periods of 12 months and 1 option period of 11 months

5. Laydays:

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

Special requirements:

· Provide detailed diagrams of vessel/ barge deck with offer. Listing of cargo handling equipment on ship (e.g. forklifts, cargo ramps, spreader bars, etc) and their capabilities.

· Upon award provide the full style of vessel and vessel’s owners/operators, and load/discharge port agents’ contact information.

· E-mail addresses for position reports: HQCARGO@navy.mil, mschq.bwc.ftc@navy.mil, john.gregov@navy.mil, richard.caldwell1@navy.mil, as well as other that may be added during the duration of the contract.

· Provide daily activity, voyage, and monthly reports to reflect speed, fuel consumption, and cargo loaded/discharged. An Excel spreadsheet will be provided by government.

Supporting documentation: Request that all prospective commercial carriers be required to submit the following with offer:

· Owners must warrant the vessel can accommodate port restrictions.

· Ship Particulars and current certifications (including a copy of vessel’s ISPS Certificate, IMDG Certificate, USCG COI and crew has Hazardous Materials training documents).

· Provide the vessel’s intended schedule through delivery including any modification periods.

Added Sections:

· V(c), V(d) and V(g)

· V(i)

Deleted Sections:

· III(n)

· III(o)(1)b and c, III(o)(2) – (4)

· III(p)

· IV(aa)(3)

· IV(ag)(2)

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):

PRICING DATA:

FIRM PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS LESS THAN 10 DAYS)

13. USD per diem

14. USD per diem

15. USD per diem

FIRST OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS LESS THAN 10 DAYS)

13A. USD per diem

14A. USD per diem

15A. USD per diem

SECOND OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS LESS THAN 10 DAYS)

13B. USD per diem

14B. USD per diem

15B. USD per diem

THIRD OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS LESS THAN 10 DAYS)

13C. USD per diem

14C. USD per diem

15C. USD per diem

FOURTH OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS LESS THAN 10 DAYS)

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:

18. Laydays Proposed:

19. Estimated Readiness Date:

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

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 _____

VESSEL DATA:

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

22. Place built:

23. Year built: Flag:

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 _____ 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)

62. General description of cargo spaces and special features:

GEAR

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

CASUALTIES / DEFICIENCIES

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

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

72. 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):

73. Grades Consumed:

FUEL GRADE:

75. CONTINUATION:

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, with this clause as the exclusive remedy. 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

PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) (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:

(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 –

(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 –

*(b) ASSIGNMENT

See FAR 52.212-4(b).

(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

See FAR 52.212-4(d).

(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

See FAR 52.212-4(g).

^(h) PATENT INDEMNITY

See FAR 52.212-4(h).

*(i) PAYMENT

See FAR 52.212-4(i).

(j) RISK OF LOSS (TAILORED)

(1) Carriage of Goods by Sea Act (COGSA). Except as otherwise specified herein, the Owner, Vessel, and Charterer in all matters arising under this Charter Party shall be entitled to the like privileges, rights, and immunities (from the time the cargo is loaded until the time it is discharged from the Vessel) as are contained in 46 U.S.C. App. 1300-1315. However, any references in COGSA to (a) notices of loss or damage or (b) limitation-of-action periods shall not apply to this Charter Party. For purposes of this Charter Party, the term "carrier" as used in COGSA shall mean "the Owner" and the term "shipper" shall mean "the Charterer."

(2) Containers. For purposes of the application of COGSA, goods shipped in containers that are stowed on deck shall be deemed shipped under deck. With respect to the limitation of liability provisions of COGSA, a container shall be considered a single package only if bulk cargo is stored therein. For non-bulk cargo shipped in containers, the limitation of liability provisions of COGSA shall apply to each package within a container or, for non-packaged cargo, to each measurement ton of cargo within the container. See also III(j) (Deck Cargo).

(3) Package limit. Except in the case of containerized cargo, for purposes of the application of COGSA, in the case of any loss or damage to or in connection with goods exceeding an actual value of $500 per package, or in the case of goods not shipped in packages, per measurement ton, the value of the goods shall be deemed to be $500 per package or per measurement ton, and the Owner's liability, if any, shall be determined on the basis of the value of $500 per package or per measurement ton, unless the nature of the goods and a valuation higher than $500 shall have been declared in this Charter Party and, in such case, if the actual value of the goods per package or per measurement ton shall exceed such declared value, the value shall nevertheless be deemed to be the declared value. Should the Charterer declare valuation higher than $500.00 per package or per measurement ton, the Charterer shall direct the Owner to obtain increased cargo legal-liability coverage on said higher-declaration cargo, with the expense of any additional premia and incurred deductibles therefore for the Charterer's account.

(4) Other statutes. The Owner and the Vessel shall have the benefit of all limitations of and exemptions from liability accorded the Owner by any U.S. statute or rule of law for the time being in force (except to the extent that 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 to the extent such statute or rule of law is subordinate to any statutorily mandated provision of this Charter Party by operation of law).

(5) Fire. Neither the Owner nor any corporation owned by, subsidiary to, or associated or affiliated with the Owner shall be liable to answer for or make good any loss or damage to the cargo occurring at any time and even though before loading on or after discharge from the Vessel, by reason or by means of any fire whatsoever, unless such fire shall be caused by its design or neglect or unless such wholly owned, subsidiary, or associated corporation serves as underwriter for the Owner and the policy between the Owner and underwriter provides coverage for such liability.

(k) TAXES (TAILORED)

The contract price includes all applicable Federal, State, and local taxes and duties except as otherwise provided in this Charter Party.

^(l) TERMINATION FOR THE GOVERNMENT’S CONVENIENCE

See FAR 52.212-4(l).

(m) TERMINATION FOR CAUSE (TAILORED)

1. The Government may terminate this Contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any Contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this Contract for default, such termination shall be deemed a termination for convenience.

1. If this Contract is terminated while the Contractor has possession of Government goods, the Contractor shall, upon direction of the Contracting Officer, protect and preserve the goods until surrendered to the Government or its agent. The Contractor and Contracting Officer shall agree on payment for the preservation and protection of the goods. Failure to agree on an amount will be a dispute under the Disputes clause.

(3) The rights and remedies of the Government herein are in addition to any other rights and remedies provided by law or under this Contract.”

^(n) TITLE

See FAR 52.212-4(n).

(o) WARRANTY (TAILORED)

(1) General. The Owner warrants that the Vessel performing under this Charter Party shall be in full conformity with the requirements of this Charter Party, from the time of delivery and thereafter during the currency of this Charter Party. In particular the Owner warrants that the Vessel is as described in Part I of this Charter Party and, if required under this Charter Party (see DFARS 252.247-7025 at VIII(b)(20) concerning requirements for reflagging work in U.S. shipyards), that the Vessel shall be under U.S. flag upon delivery. Should any specification of the Owner in the Contract be in excess of a required specification elsewhere in this Contract, the Owner’s specification shall prevail over the required specification.

(2) Regulatory compliance. The Owner warrants that the Vessel and all Associated Equipment shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel will be ordered hereunder. The Vessel shall additionally operate in compliance with the International Maritime Dangerous Goods Code. The Vessel shall be delivered and maintained in the highest class of a recognized classification society and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable ISO/IMO regulations. The Owner further warrants that the Vessel shall have onboard all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial Responsibility meeting the requirements of the U.S. Coast Guard (USCG) and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as amended, and/or the Oil Pollution Act of 1990. (OPA90)

(3) Complement. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Masters, Officers, and crew with adequate training and experience in the operation of all of the Vessel’s equipment.

(4) Fuel and speed warranty.

(i) Moderate weather: service speeds.

(A) Laden. The Owner warrants that, unless otherwise ordered by the Charterer, the Vessel is capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 66 on any given moderate-weather passage from sea buoy to sea buoy while fully laden to summer marks. On any such passage as just described at the average speed identified in Box 66, daily fuel consumption in net barrels at 60 degrees Fahrenheit shall be at the average rate(s) identified in Boxes 68 and 70, for the grade(s)/viscosity(ies) therein identified to be consumed.

(B) Ballast. The Owner warrants that, unless otherwise ordered by the Charterer, the Vessel is capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 67 on any given moderate-weather passage from sea buoy to sea buoy while in a ballast condition. On any such passage as just described at the average speed identified in Box 67, daily fuel consumption in net barrels at 60 degrees Fahrenheit shall be at the average rate(s) identified in Boxes 69 and 70, for the grade(s)/viscosity (ies) therein identified to be consumed.

(ii) Moderate Weather: Variable Speeds. For periods during which the Charterer orders the Vessel to operate at speeds other than those identified in Boxes 66 or 67, the Owner warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels at 60 degrees Fahrenheit at those ordered speeds in moderate weather shall be at the average rates identified in Box 73 for the stated speed, range, and load conditions for the grade(s)/viscosity(ies) therein identified to be consumed.

(iii) Auxiliaries. The Owner warrants that the Vessel's fuel consumption (underway/steaming/laden) in net barrels at 60 degrees…