N32205-18-R-3512_USAF_Flagged_Vessel.pdf

SEE ADDENDUM

(No Collect Calls)

N3220518R3512 10-Aug-2018

b. TELEPHONE NUMBER

757 443 5883

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 26 Sep 2018

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

EDDRIAN LOGAN

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

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP64

NAVAL STATION NORFOLK

NORFOLK VA 23511-2419

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: 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 OF166

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.

MSC DRYTIME 2013 (Rev 1 (10-13))

Section SF 1449 - CONTINUATION SHEET

CLINS

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Charter Hire Firm Period

FFP

FOB: Destination

NET AMT

PSC Code: V124

Fuel Charges Firm Period

Port Charges Firm Period

OPTION Charter Hire Option Period 1

OPTION Fuel Charges Option Period 1

OPTION Port Charges Option Period 1

OPTION Charter Hire Option Period 2

OPTION Fuel Charges Option Period 2

OPTION Port Charges Option Period 2

OPTION Charter Hire Option Period 3

OPTION Fuel Charges Option Period 3

OPTION Port Charges Option Period 3

OPTION Charter Hire Option Period 4

OPTION Fuel Charges Option Period 4

OPTION Port Charges Option Period 4

OPTION Charter Hire Option Period 5

OPTION Fuel Charges Option Period 5

OPTION Port Charges Option Period 5

PSC Code: V12

DRYTIME PERFORMA

DRYTIME PERFORMA

MILITARY SEALIFT COMMAND

DRY CARGO TIME CHARTER (DRYTIME)

RFP # N32205-18-R-3512

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 DRYTIME 2013 (Rev 1 (10-13)) i

LIST OF EFFECTIVE CHANGES

Revision Num. Description Date

1 Part II: Update FAR 52.212-4 Oct 15, 2013

Part VI: Update FAR 52.212-5

Part IV (aq): Added eCMRA requirement

Part II o(6): Inserted requirement for communication/navigation equipment; renumbered paragraphs (7) and (8)

Part III d(2): Requirement changed to better address both US and foreign flag offers

Part III g(8): Reserved

Part IV (af) (1): Reserved

Part IV: k(4) Cadet Training deleted

Part V: Deleted and Reserved para b. Communication Equipment

Part VI: Updated FAR 52.212-5

Att IX(C): Deleted references to ramps, cranes and elevators and added cargo pumps and inert gas systems

MSC DRYTIME 2013 (Rev 1 (10-13)) ii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

DRYTIME CHARTER

TABLE OF CONTENTS

I. DRYTIME BOXES

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a))

(a) Inspection (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Risk of Loss (tailored)

(k) Taxes (tailored)

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

(o) Warranty (tailored)

(p) Limitation of Liability

(q) Other Compliances

(r) Compliance with Laws Unique to Government Contracts

(s) Order of Precedence (tailored)

(t) System for Award Management (SAM)

(u) Unauthorized Obligations

III. DRY CARGO TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Cargo Receipt

(g) Loading and Discharging

(h) Oil Pollution Spill

(i) Safety in Loading and Discharging Cargo

(j) Deck Cargo

MSC DRYTIME 2013 (Rev 1 (10-13)) iii

(k) Cleaning

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

(a) General Definitions

(b) Delivery

(c) Redelivery

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance

(h) War

(i) Readiness

(j) Off-Hire

(k) Supercargo and Government Designated Representatives

(l) Time Lost

(m) Negligence of Pilots

(n) Port Charges and Expenses

(o) Owner’s Obligation

(p) Fuel

(q) Reduced Operational Status (Layup)

(r) Waiver of Claims

(s) Charter Not a Demise

(t) Subcharter

(u) General Average

(v) Salvage

(w) Limitations

(x) Alterations

(y) Reimbursable Supplies and Services (Charters)

(z) Standards of Appearance

(aa) Savings

(ab) Law Governing

(ac) Substitution

(ad) MSC Shipboard Antiterrorism/Force Protection Measures

(ae) Payment

(af) Special Requirements

(ag) Statutory Employee

(ah) In-Transit Visibility

(ai) Security Threat

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

(ak) Changes Applicable to Foreign Flag Awards Only

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Crew List

(ao) Bonuses

MSC DRYTIME 2013 (Rev 1 (10-13)) iv

(ap) No-Cost Cancellation

(aq) Enterprise Wide Contractor Manpower Reporting Application

V. DRY CARGO TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4)

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

Charter Party)

(a) Security Clearance

(b) Reserved

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

(g) Reserved s

(h) Crew Appearance

(i) Reserved

(j) Both to Blame

(k) Tugs and Barges

(l) Contractor Security (CS)

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM

(a) Required

(1) FAR 52.222-50 Combating Trafficking in Persons

With Alternate I

(2) FAR 52.233-3 Protest After Award

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

(b) Required by Contracting Officer as Applicable

(1) FAR 52.203-6 Restrictions on Subcontractor Sales to the

Government with Alternate I

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

(3) FAR 52.203-15 Whistleblower Protections under the American

Recovery and Reinvestment Act of 2009

(4) FAR 52.204-10 Reporting Executive Compensation and First-

Tier Subcontract Awards

(5) FAR 52.204-11 American Recovery and Reinvestment Act –

Reporting Requirements

(6) FAR 52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment

(7) FAR 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters

MSC DRYTIME 2013 (Rev 1 (10-13)) v

(8) FAR 52.209-10 Prohibition on Contracting with Inverted

Domestic Corporations

(9) FAR 52.219-3 Notice of HUBZone Set-Aside or Sole-

Source Award

(10) FAR 52.219-4 Notice of Price Evaluation Preference for

HUBZone Small Business Concerns

(11) Reserved

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

(ii)Alternate I

(iii) Alternate II

(13) (i) FAR 52.219-7 Notice of Partial Small Business Set-Aside

(ii) Alternate I

(iii) Alternate II

(14) FAR 52.219-8 Utilization of Small Business Concerns

(15) (i) FAR 52.219-9 Small Business Subcontracting Plan

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(16) FAR 52.219-13 Notice of Set-Aside of Orders

(17) FAR 52.219-14 Limitations on Subcontracting

(18) FAR 52.219-16 Liquidated Damages – Subcontracting Plan

(19) (i) FAR 52.219-23, Notice of Price Evaluation Adjustment for

Small Disadvantaged Business Concerns

(ii) Alternate I

(20) FAR 52.219-25, Small Disadvantaged Business Participation

Program – Disadvantaged Status and Reporting

(21) FAR 52.219-26, Small Disadvantaged Business Participation

Program – Incentive Subcontracting

(22) FAR 52.219-27 Notice of Service-Disabled Veteran-Owned

Small Business Set-Aside

(23) FAR 52.219-28 Protest Award Small Business Program

Rerepresentation

(24) FAR 52.219-29 Notice of Set-Aside for Economically

Disadvantaged Women-Owned Small Business (EDWOSB)

Concerns

(25) FAR 52.219-30 Notice of Set-Aside for Women-Owned

Small Business (WOSB) Concerns Eligible Under the WOSB

Program

(26) FAR 52.222-3 Convict Labor

(27) FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies

(28) FAR 52.222-21 Prohibition of Segregated Facilities

(29) FAR 52.222-26 Equal Opportunity

(30) FAR 52.222-35 Equal Opportunity for Veterans

(31) FAR 52.222-36 Affirmative Action for Workers with Disabilities

(32) FAR 52.222-37 Employment Reports on Veterans

MSC DRYTIME 2013 (Rev 1 (10-13)) vi

(33) FAR 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

(34) FAR 52.222-54 Employment Eligibility Verification

(35) (i) FAR 52.223-9 Estimate of Percentage of Recovered Material

Content for EPA-Designated Items

(ii) Alternate I

(36) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products

(37) (i) FAR 52.223-16 IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products

(ii) Alternate I

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

Messaging While Driving

(39) FAR 52.225-1 Buy American Act—Supplies

(40) (i) FAR 52.225-3 Buy American Act—Free Trade Agreements—

Israeli Trade Act

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(41) FAR 52.225-5 Trade Agreements

(42) FAR 52.225-13 Restrictions on Certain Foreign Purchases

(43) FAR 52.225-26 Contractors Performing Private Security Functions

Outside the United States

(44) FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside

(45) FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

(46) FAR 52.232-29 Terms for Financing of Purchases of Commercial

Items

(47) FAR 52.232-30 Installation Payments for Commercial Items

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

(49) FAR 52.232-34 Payment by Electronic Funds Transfer – Other

Than System for Award Management

(50) FAR 52.232-36 Payment by Third Party

(51) FAR 52.239-1 Privacy or Security Safeguards

(52) (i) FAR 52.247-64 Preference for Privately Owned U.S.-Flag

Commercial Vessels

(ii) Alternate I

(c) Required by Contracting Officer as Applicable to Services

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

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

(3) FAR 52.222-43 Fair Labor Standards Act and Service Contract

Act--Price Adjustment (Multiple Year and Option Contracts)

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

Act--Price Adjustment

(5) FAR 52.222-51 Exemption from Application of the Service

Contract Act to Contracts for Maintenance, Calibration, or Repair

MSC DRYTIME 2013 (Rev 1 (10-13)) vii of Certain Equipment--Requirements

(6) FAR 52.222-53 Exemption from Application of the Service

Contract Act to Contracts for Certain Services--Requirements

(7) FAR 52.222-17 Nondisplacement of Qualified Workers

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

Organizations

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

(d) Comptroller General Examination of Record

(e) Flowdown Subcontractor

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

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

(iii) FAR 52.222-17 Nondisplacement of Qualified Workers

(iv) FAR 52.222-26 Equal Opportunity

(v) FAR 52.222-35 Equal Opportunity for Veterans

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

(vii) FAR 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

(viii) FAR 52.222-41 Service Contract Act of 1965

(ix) FAR 52.222-50 Combating Trafficking in Persons

With Alternate I

(x) FAR 52.222-51 Exemption from Application of the Service

Contract Act to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements

(xi) FAR 52.222-53 Exemption from Application of the Service

Contract Act to Contracts for Certain Services--Requirements

(xii) FAR 52.222-54 Employment Eligibility Verification

(xiii) FAR 52.225-26 Contractors Performing Private Security Functions

Outside the United States

(xiv) FAR 52.226-6 Promoting Excess Food Donation to Nonprofit

Organizations

(xv) FAR 52.247-64 Preference for Privately Owned U.S.-Flagged

Commercial Vessels

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS

(a) Required

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

Former DoD Officials

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

(3) DFARS 252.227-7037 Validation of Restrictive Markings on

Technical Data

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

MSC DRYTIME 2013 (Rev 1 (10-13)) viii

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

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

Agreement Holders

(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

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

(1) DFARS 252.225-7012 Preference for Certain Domestic

Commodities

(2) DFARS 252.243-7002 Requests for Equitable Adjustment

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

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

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

(1) DFARS 252.247-7027 Riding Gang Member Requirements

(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

(h) Required by Contracting Officer as Applicable

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

(2) DFARS 252.219-7003 Small Business Subcontracting Plan

(DoD Contracts)

(3) DFARS 252.219-7004 Small Business Subcontracting Plan

(Test Program)

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

Payments Program

(ii) Alternate I

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

Metals

(6) DFARS 252.225-7009 Restriction on Acquisition of Certain

Articles Containing Specialty Metals

(7) DFARS 252.225-7015 Restriction on Acquisition of Hand or

Measuring Tools

(8) DFARS 252.225-7016 Restriction on Acquisition of Ball and

Roller Bearings

(9) DFARS 252.225-7017 Photovoltaic Devices

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

(ii) Alternate I

(iii) Alternate II

(11) DFARS 252.225-7027 Restriction on Contingent Fees for

Foreign Military Sales

(12) DFARS 252.225-7028 Exclusionary Policies and Practices of

Foreign Governments

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

Agreements—Balance of Payments Program

MSC DRYTIME 2013 (Rev 1 (10-13)) ix

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(14) DFARS 252.225-7038 Restriction on Acquisition of Air

Circuit Breakers

(15) DFARS 252.225-7039 Contractors Performing Private Security

Functions

(16) DFARS 252.227-7013 Rights in Technical Data – Noncommercial

Items

(17) DFARS 252.237-7019 Training for Contractor Personnel

Interacting with Detainees

(18) DFARS 252.246-7004 Safety of Facilities, Infrastructure and

Equipment for Military Operations

(19) DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel

Surcharge Adjustment to the Cost Bearer

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

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES

(a) FAR 52.252-2 Clauses Incorporated by Reference

(b) Required FAR and DFARS Clauses by Contracting Officer as

Applicable (Incorporated By Reference)

(1) FAR 52.204-4 Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper

(2) FAR 52.232-18 Availability of Funds

(3) FAR 52.245-1 Government Property

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

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

Whistleblower Rights

(6) DFARS 252.204-7000 Disclosure of Information

(7) DFARS 252.204-7003 Control of Government Personnel

Work Product

(8) DFARS 252.204-7008 Export-Controlled Items

(9) DFARS 252.209-7004 Subcontracting with Firms that are

Owned or Controlled by the Government of a Terrorist Country

(10) DFARS 252.211-7006 Passive Radio Frequency Identification

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

(12) DFARS 252.215-7008 Only One Offer

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

(14) DFARS 252.225-7040 Contractor Personnel Supporting a Force

MSC DRYTIME 2013 (Rev 1 (10-13)) x

Deployed Outside the United States

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

(16) DFARS 252.245-7001 Tagging, Labeling, and Marking of

Government-Furnished Property

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

(18) DFARS 252.245-7003 Contractor Property Management

System Administration

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

(20) DFARS 252.247-7025 Reflagging or Repair Work

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

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

(2) FAR 52.217-8 Option to Extend Services

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

(4) Reserved

(5) Reserved

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

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

(8) DFARS 252.232-7010 Levies on Contract Payments

IX. ATTACHMENTS

(a) Past Performance Data Sheet

(b) Past Performance Questionnaire

(c) Guidelines for Full/Partial Off-Hire Percentages on Readiness

Issues for Prepositioned Vessels

(d) U.S. Department of Labor Wage Determination

(e) DD Form 254, Contract Security Classification Specification

X. INSTRUCTIONS TO OFFERORS

(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))

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

(b) Submission of Offers (tailored)

(c) Period for Acceptance of Offers (tailored)

(d) Vessel Substitutions (tailored)

(e) Multiple Offers

(f) Late Submissions, Modifications, Revisions, and Withdrawals of

Offers

(g) Contract Award

(h) Multiple Awards

(i) Availability of Requirements Documents Cited in the Solicitation

(j) Data Universal Numbering System (DUNS) Number

MSC DRYTIME 2013 (Rev 1 (10-13)) xi

(k) System for Award Management

(l) Debriefing

(m) Service of Protest (tailored)

(n) FAR 13.5 Acquisition

(2) FAR 52.215-5 Facsimile Proposals

XI. FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a))

XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY FAR

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

(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

(c) Required (Incorporated by Full Text)

(1) FAR 52.209-7 Information Regarding Responsibility Matters

(2) FAR 52.212-3 Offeror Representations and Certifications

– Commercial Items with Alternate I

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS

(a) Required (Incorporated by Reference)

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

(2) DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

(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

(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)

(3) Reserved

(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

MSC DRYTIME 2013 (Rev 1 (10-13)) I-1

Vessel(s):

Owner, DUNS, CAGE, TIN (and TIN of parent, if applicable):

MSC DRYTIME

PART I - DRYTIME BOXES

Solicitation Number (date): N32205-18-R-3512 Contract Number (date):

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:

Sunny Point, NC (MOTSU)

3. Place / Range of Redelivery:

Sunny Point, NC (MOTSU)

4. Charter Period):

A 155 days’ firm period with four 12-month options and a 183 days’ option. Total potential period of performance is from

April 2019 through February 2024.

5. Laydays:

Commencing: 21 April 2019

Cancelling Date: 28 April 2019

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

AMEND PART I DRY TIME VESSEL/OWNER BOX, REPLACE "Data Universal Numbering System (DUNS) Number" with

"Unique Entity Identifier (UEI)" in the Owner Box.

AMEND PART II FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (SEP 2013) (s) TO

READ:

ORDER OF PRECEDENCE (TAILORED)

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

(1) Information set forth in the Boxes (Part I) and Attachment E-PWS;

(2) Paragraphs (b), (d), (g), (i), (q) and (r) of FAR 52.212-4 (as tailored);

(3) The clause at FAR 52.212-5;

(4) Any remaining addenda or portions thereof within this solicitation or Contract;

(5) The Standard Form 1449;

(6) Solicitation provisions if this is a solicitation;

(7) Other documents, exhibits, and attachments other than Attachment E-PWS.

MSC DRYTIME 2013 (Rev 1 (10-13)) I-2

REPLACE PART III(d)(1) with the following language:

Conduct of Master, Officers, and Crew. The Master, Officers, and crew shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the

Vessel shall be under the Charterer’s direction with regard to the employment of the Vessel, but shall not be under the Charterer's orders with regard to the navigation, care, and custody of the Vessel. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, upon receiving the particulars of the complaint, investigate the matter and resolve the issue to the satisfaction of the charterer. Any and all additional costs including but not limited to attorney’s fees incurred as a result of removal of such personnel shall be for the Owner’s account.

ADD PART IV (d) (3): Offerors shall identify those ports in which they 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.

See Block 75 for continuation.

MSC DRYTIME 2013 (Rev 1 (10-13)) I-3

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):

MSC DRYTIME 2013 (Rev 1 (10-13)) I-4

PRICING DATA

FIRST PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL STATUS RATE

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

13. USD per diem

14. USD per diem

N/A

15. USD per diem

SECOND PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL STATUS RATE

13A. USD per diem

14A. USD per diem

15A. USD per diem

THIRD PERIOD

RATE

REDUCED OPERATIONAL STATUS RATE

13B. USD per diem

14B. USD per diem

15B. USD per diem

FOURTH PERIOD

RATE

REDUCED OPERATIONAL STATUS RATE

13C. USD per diem

14C. USD per diem

15C. USD per diem

MSC DRYTIME 2013 (Rev 1 (10-13)) I-5

FIFTH PERIOD

RATE

REDUCED OPERATIONAL STATUS RATE

13D. USD per diem

14D. USD per diem

15D. USD per diem

SIXTH PERIOD

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:

CLIN (TBD at award): Charter Hire $___________TBD_______________

CLIN (TBD at award): Reimbursable (Fuel) Not to Exceed $______________TBD______________

CLIN (TBD at award): Reimbursable (Port Charges) Not to Exceed $__________TBD_______________

CLIN (TBD at award): Reimbursable (Other) Not to Exceed $______________TBD____________

MSC DRYTIME 2013 (Rev 1 (10-13)) I-6

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 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 ______

MSC DRYTIME 2013 (Rev 1 (10-13)) I-7

CARGO CAPACITY (as applicable)

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)

MSC DRYTIME 2013 (Rev 1 (10-13)) I-8

CARGO CAPACITY (continued)

62. General description of cargo spaces and special features:

Decks: number, size in ft2 and cu ft; size in m2 and cu m; strength in psf/kPa;

arrangement

Holds and Hatches: number and size

Hatch Covers: number, size, composition, and type

Underdeck Height Restriction

Description of lashing points; lashing and securing gear; type; description;

and amount aboard

Barge-Stowage Particulars

Float-on / Float-off Particulars

MSC DRYTIME 2013 (Rev 1 (10-13)) I-9

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?

(include full description if "yes")

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

MSC DRYTIME 2013 (Rev 1 (10-13)) I-10

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):

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 Operating

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

MSC DRYTIME 2013 (Rev 1 (10-13)) I-11

FUEL GRADE

74. Minimum vessel fuel specifications

MSC DRYTIME 2013 (Rev 1 (10-13)) I-12

CONTINUATION

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

DELETE PART IV(g) AND IV(h) and replace with the following:

G. INSURANCE.

(Paragraph’s with the Checked Box are incorporated into this contract)

G‐1 Vessel Owner’s Insurance.

G‐1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the

Vessel, including:

i. Hull and Machinery,

ii. Protection and Indemnity (P&I) (including pollution liability),

iii. War Risk Hull and Machinery,

iv. War Risk Protection and Indemnity (P&I), and

v. Second Seaman’s War Risk. (the principal sum of which shall be $200,000.00 per Master, Officer, or crew member (this is also the loss-of-life benefit)).

Except as otherwise expressly provided in Section G‐1.3 below or as expressly provided in the section entitled

“War” (H‐1), all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this Charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this Charter Contract.

1.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the

Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section.

Contractor’s failure to provide the required policies or cover notes may be considered material breach of this Contract.

G‐1.2 Contractor agrees to indemnify and hold harmless the Charterer for all liability, costs, or expenses arising from or related to this contract and involving covered risks and losses under the terms of the insurance required in G-1.1 above. Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section G-1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United

States of America regardless of amount.”

G‐1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the

Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits.

Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain

Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the

MSC DRYTIME 2013 (Rev 1 (10-13)) I-13 notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

G-1.4 All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting

Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

G-2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War

Risk Policy.

G-2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy.

2.1.1 At least 10 calendar days prior to delivery of vessel, Contractor shall provide the

Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

G-2.2 “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and

Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

G-2.2.1 If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War

Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in

Section G-2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

G‐2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of

Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United States of America as additional assured Charterer.

G‐3 P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity (P&I) with

P&I War Risk Coverage.

G‐3.1 Contractor shall obtain P&I Insurance for Charterer’s Risks or a Time Charterer Protection and

Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) covering all risks typically covered by P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the

International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter

Party. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

3.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting

MSC DRYTIME 2013 (Rev 1 (10-13)) I-14

Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this Contract.

3.1.2 The Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage shall provide coverage of $500,000,000.00.

G‐3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it. Contractor will advise the insurer that the Charterer will not declare all ships chartered by it to the insurer, and shall obtain an endorsement on the policy stating, “the United States of America, as Charterer, is not required to declare to

[insert insurer name] all ships chartered by it.”

G-4 Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and

Machinery policy, or Second Seaman’s War Risk policy as required by Section G-2; or fails to obtain for the United

States the P&I Insurance for Charterer’s Risks or Time Charterer P&I policy/entry with War Risks coverage required by Section G-3; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses involving covered risks and losses under the required insurance policies/coverage.

G-4.1 Contractor shall not, through action or inaction (including but not limited to failing to meet all conditions of a policy, causing through action or inaction cessation of a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by the Contractor’s Hull and Machinery policy (and Increased

Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage.

If any such policy is vitiated or voided by Contractor’s action or inaction as described in this Section G-4.1, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy or coverage remained in full force and effect.

G-4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section G‐2.2, fails to amend supplemental limiting provisions as described in Section G‐2.2.1, or fails to amend provisions limiting payment or coverage as described in Section G-2.3, Contractor shall indemnify and hold harmless the

Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and

Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and

Second Seaman’s War Risk policy had such provisions been stricken or amended as required.

H‐1 War.

H‐1.1 Voyage Instructions. Operating limits of the Vessel subject to this Contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, zone, or route involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Contractor not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Contractor indemnification against said risks pursuant to Public Law 85‐804 (72 Stat. 972, August 28, 1958).

H‐1.2 The Contractor shall immediately notify the Charterer: (i) whenever any sailing orders will result in the Vessel subject to this Contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the Vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places or any other waters described in the Lloyd’s Joint War

Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas); (ii) if there are any changes to the

War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the Hull War, Strikes, Terrorism and Related Perils Listed Areas) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this Contract. The Contractor shall ensure that the insurers provide it relevant information in a timely manner. If the Contractor has given this required notice to the Charterer, the

Charterer will reimburse the Contractor for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the Vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Hull War, Strikes, Terrorism and Related Perils Listed

MSC DRYTIME 2013 (Rev 1 (10-13)) I-15

Areas under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Contractor notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk

Insurance/Indemnity” below.

H‐1.3 Additional Wage Costs. The Charterer shall reimburse Contractor for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled

“Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift

Command in a similar port, place, zone, or route. Contractor shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

H‐2 Government War Risk Insurance/Indemnity.

H‐2.1 General. Upon receipt of notice and instructions from the Contracting Officer, as specified in the last sentence of Section H-1.2 of the section entitled “War (H‐1)” above, concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance, the Contractor shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in any area(s) excluded by the War Risk

Trading Warranties, or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the

Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Contractor shall accept the Government’s indemnity or

Government War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The

Contractor shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any

Government indemnity or Government War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or Government War Risk insurance becomes ineffective. The Contractor shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

H‐2.2 Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime

Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the Vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Hull War, Strikes, Terrorism and Related Perils Listed Areas, or otherwise excluded under the Contractor’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Contractor:

(1) War Risk Hull Coverage, insured at the hull value stated in Vessel’s current commercial hull and increased-value policies effective on Charter Party date, a copy of which current hull policies shall be furnished to Charterer;

(2) War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of the hull value stated in Vessel's current commercial hull policy effective on Charter Party date or (ii) $50,000,000.00, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on

Charter Party date;

(3) War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Master, Officer, or crew member (this is also the loss-of-life benefit);

(4) War…