N3220522R5435 A0004.docx

N3220522R5435

N3220522R5435

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

A0004 RFP Amendment A0004 is hereby issued to incorporate the following changes:

1) Re-open the solicitation.

2) Extend the offer due date to 1 February 2023 at 1400, Eastern Standard Time.

3) Revise Tank Time PROFORMA Part X. See Part X Critical Submission Data below in green highlight.

4) Request all offerors who previously submitted their offer to

a) Confirm their original offer or

b) Confirm its original offer with the exception of the following Change Page/s, if any.

5) All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PROFORMA

MILITARY SEALIFT COMMAND

TANKER TIME CHARTER (TANKTIME)

AUGUST 2020 (REV. 3 (02-22))

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “Contract” or the “Charter”) in accordance with the terms and conditions herein.

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

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

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

MSC TANKTIME 2020 (Rev. 3 (02-22)) MSC TANKTIME 2020 (Rev. 3 (02-22)) 2

LIST OF EFFECTIVE CHANGES

11 Feb 2021

Part II(o) Warranties Tailored; Corrected numbering Added: Part (II) (o)(7) Age of Vessel

Part III(d)(1) Conduct of Master, Officers, and Crew; Revised

Part (IV)(ae) Payment; Added last sentence.

Part IV(as) Sovereign Immunity; Added

Part VI FAR 52.212-5; Updated.

Part VII(h)(ix)(BB) DFARS 252.225-7043; Checked.

Part VIII(b) Additional Far and DFAR Clauses; Added or amended as follows:

Part VIII(b)(16) DFARS 252.225-7043; Checked.

Part VIII(b)(35) FAR 52.204-25; Added and checked. (Deleted FAR 52.204-24.)

Part VIII(b)(38) FAR 52.204-13; Added and checked.

Part VIII(6);WAWF Payment Instructions; Amended as follows:

Part VIII(6)(F)(1)(II)(A) Not Applicable Part VIII(6)(F)(1)(II)(B) Invoice Combo Part VIII(6)(F)(3) Document Routing; Amended WAWF Routing Data Table.

Part X(a)(1)(b) Submission of offerors; Amended first sentence.

Part X(16) Set of completed TANKTIME boxes; Added or amended as follows:

Part X(b)(16)(iii) Corrected to read “Official Number”.

Part X(b)(16)(xi) Completed FAR 52.212-3 w/ Alt I; Amended to read:

(See TANKTIME Part XII; submission in SAM fulfills this requirement.).

Part X(b)(16)(xiii) FAR 52.209-11; Amended (See TANKTIME Part XII;

submission in SAM fulfills this requirement.).

Added Part X(b)(16)(xvii) Completed FAR 52.204-26;

(See TANKTIME Part XII; submission in SAM fulfills this requirement.).

Part XI(e)b(1) Updated fuel amount.

Part XII Offeror Reps and Certs; Added or revised as follows:

Part XII(3) FAR 52.212-3; Updated.

Part XII(5) FAR52.204-24; Updated.

Part XII(6) FAR 52.204.26; Added.

Part IV(k)(4) Owner Conditions Not Authorized; Added.

Part IV(k)(5) Cadet Training; Added.

13 Aug 2021

Part IV(ad) MSC Shipboard Antiterrorism/Force Protection Measures Part IV(ad)(1) Revised second sentence of the paragraph.

Part V(f) Contractor Security (CS); In the first paragraph, replaced the third and fourth sentences.

Part VIII(b)(39) DFARS 252.204-7020; Added.

Part VIII(b)(40) DFARS 252.232-7017; Added.

Part VIII(b) DFARS 252.232-7006 WAWF Payment Instructions Part VIII(6 (f)(1)(ii)(B) amended to read: “Invoice 2-in-1 Part VIII(6)(f)(3); Amended Routing Data Table Pay Official DoDAAC to N50082 and added Service Acceptor DoDAAC N62387.

Part X(b)(16)(xviii )Completed FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (See TANKTIME Part XII); Added.

Part XI(a) Evaluation; Amended evaluation language.

Part XII(c)(7) FAR 52.229-11; Added.

Part XIII(a)(3) DFARS 252.204-7019; Added (No submission required.)

Part IV(n)(1) Port Charges and Expenses; Amended paragraph.

Part IV(aq) Deleted ECMRA and marked as “Reserved”.

Part V Call Outs; Added the following: (g) Communications;

(h) Secure Space; and (i) Cadet/Midshipmen

Part VI FAR 52.212-5; Updated.

Part VIII(b)(3) FAR 52.245-1 Government Property; Amended to read “Not Checked”.

Part VIII(b)(41) DFARS 252.233-7999 – Not Checked; Added.

Part VIII(6)(F)(3); Updated Routing Data Table for WAWF to include U.S. banks/currency and foreign banks/currency tables.

Part X(b)(16)(xix) Certification required pursuant to Part XII (c)(8), FAR 52.222-56; Added.

Part XI(e)(b) Price; Revised paragraph for fuel consumption rate(s).

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

Part XII(c)(5) FAR 52.204-24; Updated.

Part XII(c)(8) FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020); Added

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TANKER TIME CHARTER

TABLE OF CONTENTS

PART PAGE NO.

I. TANKTIME BOXES I-1 – I-9

(as) Sovereign Immunity

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

(g) Communications

(h) Secure Space

(i) Cadet/Midshipmen

(j) Contract Points of Contact

(k) Option To Purchase Time Chartered Vessel

Former DoD Officials

Contractor Personnel

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

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

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

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

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

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

(2) DFARS 252.243-7002 Requests for Equitable Adjustment

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

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

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

(1) DFARS 252.247-7027 Riding Gang Member Requirements

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

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

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

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

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

(6) DFAR 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

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

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

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

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

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

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

(13) DFARS 252.211-7006 Passive Radio Frequency Identification

(14) DFARS 252.211-7007 Reporting of Government-Furnished Property

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

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

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

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

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

(20) DFARS 252.215-7008 Only One Offer

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

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

(ii) Alternate I

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

(24) DFARS 252.219-7000 Advancing Small Business Growth

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

(26) DFARS 252.223-7008 Prohibition of Hexavalent Chromium

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

(ii) Alternate I

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

(ii) Alternate I

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

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

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

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

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

(34) DFARS 252.225-7012 Preference for Certain Domestic

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

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

(37) DFARS 252.225-7017 Photovoltaic Devices

(38) DFARS 252.225-7018 Photovoltaic Devices—Certificate

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

(ii) Alternate I

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

(ii) Alternate II

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

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

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

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

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

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

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

(48) (i) DFARS 252.225-7035 Buy American—Free Trade Agreements—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Alternate I

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

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

(64) (i) DFARS 252.229-7015 Taxes—Foreign Contracts in Afghanistan

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

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

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

(68) DFARS 252.232-7010 Levies on Contract Payments

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

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

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

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

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

(74) DFARS 252.239-7010 Cloud Computing Services

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

(76) DFARS 252.239-7018 Supply Chain Risk

(77) DFARS 252.243-7002 Requests for Equitable Adjustment

(78) DFARS 252.244-7000 Subcontracts for Commercial Items

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

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

(81) DFARS 252.246-7008 Sources of Electronic Parts

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

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

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

(85) DFARS 252.247-7025 Reflagging or Repair Work

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

(87) DFARS 252.247-7027 Riding Gang Member Requirements

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

Information Controls

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

(28) DFARS 252.247-7027 Riding Gang Member Requirements

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

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

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

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

(33) FAR 52.204-18 Commercial and Government Entity Code Maintenance

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

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

(36) Reserved

(37) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0022) (AUG 2020)

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

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

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

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

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

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

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

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

(52) DFARS 252.211-7007 Reporting of Government-Furnished Property (AUG 2012)

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

(54) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services (OCT 2010)

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

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

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

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

(59) DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy (DEVIATION 2020-O0022) (AUG 2020)

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

(61) DFARS 252.245-7004 Refusal, Reutilization, and Disposal (DEVIATION 2022-O0006)

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

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

IX. ATTACHMENTS IX-1 – IX-6

(c) Attachment IX(C) - Reserved

(d) Attachment IX(D) - Reserved

(e) Attachment IX (E) - Government Furnished Property (GFP) and Directives

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

(g) Attachment IX (G) - Crew Complement

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

(i) Attachment IX (I) - Vessel Requirements & Performance Work Statement (PWS)

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

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

(l) Attachment IX (L) - CBRN Requirement

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

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

(o) Attachment IX (O) – CONSOL Station Requirement

(p) Attachment IX (P) - Disclosure of Lobbying Activities (SFLLL)

(q) Attachment IX (Q) - Missions Essential Contractor Services Plan (MECSP) Worksheet

(r) Attachment IX (R) - Contract Data Requirement List (CDRL)

(s) Attachment IX (S) – MSC Standard Operating Manual (SOM)

(t) Attachment IX (T) - Request for Clarifications

X. INSTRUCTIONS TO OFFERORS X-1 – X-8

XI. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS

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

Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

(4) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation (DEC 2016)

(5) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

(6) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(7) FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

(JUN 2020)

(8) FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

(a) Required (Incorporated by Reference)

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

(2) DFARS 252.215-7016 Notification to Offerors-Postaward Debriefings (MAR 2022)

(3) DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2020)

MSC TANKTIME 2020

Vessel(s):

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

MSC TANKTIME 02 (12/02) I-2

1. Vessel(s) Required:

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

2. Place/Range of Delivery:

IVO Pearl Harbor, HI

3. Place/Range of Redelivery:

Western Pacific / Sea of Japan, Range and Port Charterer’s Option (Intention is Hakozako, Japan)

4. Charter Period

Base period of 12-months with three 1-year option periods and one 11-month option period

5. Laydays:

Commencing: 13 April 2023

Cancelling:

12 July 2023

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

Part V(a)(B), (b), (c), (g), (h) (i), (j), and (k) apply.

9. Amendments Acknowledged (amendment numbers and dates):

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

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

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

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

Full Operational Status (FOS) – Per Day

Reserved

18. Delivery/Redelivery Bonuses: Must be Explained by Offeror

Reserved

VESSEL DATA

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

32. Beam (extreme)

a. ft: b. m:

34. Immersion (on draft in Box 36):

a. ft: b. m:.

36. Summer mean draft:

a. LT: b. t:.

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

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

39. Summer Load Line Freeboard:

a. ft: b. m:.

40. Shaft Horsepower:

a.. hp: b. kW:

44. Classification society entered and class assigned:

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

50. MarAd subsidized vessel? _____Yes _____No

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

52. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS

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

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

a. Bbls: b. m3:

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

a. Bbls: b.. m3:

58. Slop tank capacity (98% full)

a. Bbls: b. m3:

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

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

60.

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

64. Distance, bow to center manifold:

a. ft.: b. m:

65. Distance, stern to center manifold:

a. ft.: b. m:

66. Distance, rail to center manifold:

a. ft.: b. m:

67. Distance, deck to center manifold:

a. ft.: b. m:

70. Heating coils/composition (describe):

71. Inert gas system (describe):

72. Vapor recovery system (describe):

PUMPS

73. Number and type of cargo pumps:

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

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

75. Number and type of stripping pumps:

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

a. Bbls: b. m3:

GEAR

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

MOORING ARRANGEMENTS

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

79. Number, length, and diameter of wires:

80. Breaking strength of wires:

81. Number, length, diameter of mooring ropes:

82. Breaking strength of mooring ropes:

CASUALTIES / DEFICIENCIES / WARRANTS

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

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

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

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

INSPECTIONS

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

FUEL CONSUMPTION AT SERVICE SPEEDS

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

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

Grade: Bbls: m3:

FUEL CONSUMPTION AT VARIABLE SPEEDS

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

94: Grades Consumed:

Knots

6>

6>

7>

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11>

12>

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25>

96. Minimum Vessel fuel specifications:

CONTINUATION

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

MSC TANKTIME 2020 (Rev. 3 (02-22)) I-9 PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS (OCT 2018) (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 shall 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 and tanks;

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

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

(G) Bunker survey;

(H) Hydrostatic test of all cargo systems (125 psi);

(I) Condition of all equipment required under this Charter particularly in respect to pollution avoidance;

(J) Condition of tank coatings.

(2) Predelivery Inspection. A predelivery inspection of the Vessel with tanks gas and ballast free and clean may be held at 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, Associated Equipment and tank coatings as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection in view of the Charterer's requirements that tank coating failures shall not exceed two percent (2%) of the total surface area in each tank in order for the Vessel to be acceptable on delivery. The results of any predelivery inspection under this paragraph shall further be without prejudice to any later determinations that the Vessel, Associated Equipment or Vessel tanks 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 with 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

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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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 --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

^(h) PATENT INDEMNITY

The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

*(i) PAYMENT

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(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…