23R0009 RFP.pdf

SEE ADDENDUM

(No Collect Calls)

N3220523R0009 12-Sep-2023

b. TELEPHONE NUMBER

757-341-5630

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 13 Oct 2023

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

STEPHANIE RICKER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C. STREET

BLDG. SP-64

NAVAL STATION NORFOLK

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

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 OF183

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 2022 (09-22)

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Data Requirements List (CDRL)

FFP

Not Separately Priced

NET AMT

0001 365 Days

BASE PERIOD-CHARTER HIRE

FFP

Base Period- Charter Hire 365 days FOB: Destination V124

BASE PERIOD - REIMBURSABLES

FFP

Based Period - Reimbursables

DELIVERY BONUS

FFP

Delivery Bonus

REDELIVERY BONUS

FFP

Redelivery Bonus

1001 365 Days

OPTION ONE- CHARTER HIRE

FFP

Option One- Charter Hire 365days

OPTION ONE - REIMBURSABLES

FFP

Option One - Reimbursables

2001 365 Days

OPTION TWO - CHARTER HIRE

FFP

Option Two- Charter Hire 365

OPTION TWO- REIMBURSABLES

FFP

Option Two- Reimbursables

3001 366 Days

OPTION THREE-CHARTER HIRE

FFP

Option Three - Charter Hire 366 days

OPTION THREE- REIMBURSABLES

FFP

Option Three- reimbursables

3003 335 Days

OPTION FOUR - CHARTER HIRE

FFP

Option Four- Charter Hire 335 days

OPTION FOUR - REIMBURSABLES

FFP

Option Four - Reimbursables

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A N/A 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.222-35 Equal Opportunity for Veterans JUN 2020 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

DRYTIME PROFORMA

MILITARY SEALIFT COMMAND

DRY CARGO TIME CHARTER

SEPTEMBER 2022 (09-22)

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.

LIST OF EFFECTIVE CHANGES

Revision Number

Description Date

N/A Part II FAR 52.212-4 Contract Terms and Conditions - Commercial Items (NOV 2021); Updated

Sep 2022

Part III(m) Press Release; added.

Part III(n) Vessel Name Release; added.

Part IV(o)(1) Provisions, Insurance, Wages, Fees, and Other Expenses;

paragraph revised.

Part IV(ad)(5); amended to read, “Reserved.”

Part IV(ad); deleted last paragraph.

Part VI FAR 52.212-5; updated.

Part VIII(b)42 DFARS 252.204-7018 Prohibition on the Acquisition of Covered

Defense Telecommunications Equipment or Services; added and checked.

Part VIII(c)(9) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008); added and checked.

Part X(b)(16)(xvi); revised to read: Dependent upon response(s) to FAR 52.204- 26, completed FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment (see DRYTIME Part XII).

Part X(b)(16)(xxii) Completed DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (See DRYTIME Part XII); added.

Part X(b)(16)(xxiii) Dependent upon response to DFARS 252.204-7016, completed DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (see DRYTIME Part XII); added.

Part XI(d) Past Performance; paragraph revised. Added last three sentences.

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

Part XIII(b)(4) DFARS 252.204-7016 Covered Defense Telecommunications

Equipment or Services—Representation (DEC 2019); added.

Part XIII(b)(5) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021); added.

Part X(a)(1) FAR 52.212-1; updated.

Part VII(a)(3) DFARS 252.227-7015 Technical Data- Commercial Items;

amended to read, “Reserved”

Part VII(a)(4) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data; amended to read, “Reserved”

Part VII(89) DFARS 252.204-7024 Notice on the Use of Supplier Performance Risk System

Part VIII(36) DFARD 252.225-7993 Prohibition on Providing Funds to the Enemy; updated

Part VIII(37) DFARD 252.225-7975 Prohibition on Providing Funds to the Enemy; updated

Part VIII(43) FAR 52.204-2 Security Requirements (JUL 2021), added Part VIII((44)FAR 52.211-2 Availability of Specifications, Standards, and Data

Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (JUL 2021), added

Part VIII((45) FAR 52.217-5 Evaluation of Options (JUL 1990), added Part VIII((46) FAR 52.219-6 Notice of Total Small Business Set-Aside, added Part VIII((47) FAR 52.219-14 Limitations of Subcontracting, added Part VIII((48) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) , added

MSC DRYTIME 2022 (09-22) ii

Part VIII((49) FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (MAY 2020) , added

Part VIII(50) FAR 52.242-15 Stop Work Order (AUG 1989), added Part VIII(51) FAR 52.245-9 Use and Charges (APR 2012), added Part VIII(52) DFARS 252.204-7009 Limitations on the Use or Disclosure of

Third-Party Contractor Reported Cyber Incident Information (JAN 2023) , added

Part VIII(53) DFARS 252.211-7007 Reporting of Government Furnished Property (MAR 2022) , added

Part VIII(54) DFARS 252.237-7023 Continuation of Essential Contractor Services (OCT 2010) , added

Part VIII(55) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services (OCT 2010) , added

Part VIII(56) DFARS 252.219-7003 Small Business Subcontracting Reporting (DEVIATION 2019-O0005) , added

Part VIII(57) DFARS 252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) , added

Part VIII(58) DFARS 252.225-7980 Contractor Personnel Performing in the United States Africa Command Area of Responsibility (DEVIATION 2016-O0008) , added

Part VIII(59) DFARS 252.225-7987 Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (DEVIATION 2021- O0004) , added

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

Part VIII(61) FAR 52.212-3 Offeror Representations and Certifications— Commercial Products and Commercial Services (DEVIATION 2023-O0002) , added

Part VIII(62) FAR 52.219-8 Utilization of Small Business Concerns (DEVIATION 2023-O0002) , added

Part VIII(63) FAR 52.219-1 Small Business Program Representations (DEVIATION 2023-O0002) , added

Part XII(3) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022); updated

Part XII(9) FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020); added

Part XIII(a)(2) Reserved, amended to read DFARS 252.215-7016 Notification to Offerors-Postaward Debriefings (DEC 2022)

Part XIII(b)(1) DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under any Federal or State Law (DEVIATION 2012- O0007) (MAR 2012) amended to read “Reserved”

Changes from DRYTIME 2022 (09-22) have been highlighted.

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

DRYTIME CHARTER

TABLE OF CONTENTS

Part Page No.

MSC DRYTIME 2022 (09-22) iii

I. DRYTIME BOXES I-1 – I-11

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) II-1 – II-14

(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

(v) Incorporation by Reference

III. DRY CARGO TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) III-1 – III-6

(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

(k) Cleaning

(l) Spain-Gibraltar Prohibition

(m) Press Release

(n) Vessel Name Release

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV–1 - IV-32

MSC DRYTIME 2022 (09-22) iv

(a) General Definitions

(b) Delivery

(c) Redelivery

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance (h-1) War (h-2) Government War Risk Insurance/Indemnity

(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) Reserved

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Reserved

(ar) Contractor’s Notice Regarding Litigation

(as) Sovereign Immunity

MSC DRYTIME 2022 (09-22) v

V. DRY CARGO TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-9

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

(a) Security Clearance

(b) Fuel Monitoring

(c) Automated External Defibrillator (AED)

(d) Both to Blame

(e) Tugs and Barges

(f) Contractor Security (CS)

(g) Communications

(h) Secure Space

(i) Lashing Gear

(j) Spreader Bar

(k) Segregation

(l) Self-sustaining

(m) Certificates

(n) Stow Plan

(o) Fully Bunkered

(p) Ramp

(q) Letter of Variance

(r) Forklift

(s) Cadet/Midshipmen

(t) Navigation Equipment

(u) Stack Colors (v)Contract Points of Contact (w)Option to Purchase Time Chartered Vessel

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM VI-1 – VI-9

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS VII-1 – VII-9

(a) Required for all contracts

(1) FAR 52.203-3 Gratuities

(2) DFAR 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(3) Reserved

(4) Reserved

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

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

MSC DRYTIME 2022 (09-22) vi

(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 252.247-7024 Notification of Transportation of Supplies by Sea

(h) Required by Contracting Officer as applicable

(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

MSC DRYTIME 2022 (09-22) vii

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

(ii) Alternate I

(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— Balance of Payments Program Certificate

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

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

MSC DRYTIME 2022 (09-22) viii

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(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

(ii) Alternate I

(iii) Alternate II

(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 (North Atlantic Treaty Organization Status of Forces Agreement)

(ii) Alternate I

(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

MSC DRYTIME 2022 (09-22) ix

(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

(ii) Alternate I

(iii) Alternate II

(85) DFARS 252.247-7025 Reflagging or Repair Work

(86) 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

(87) DFARS 252.247-7027 Riding Gang Member Requirements

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

(89) DFARS 252.204-7024 Notice on the Use of Supplier Performance Risk System

VIII. ADDITIONAL FAR AND DFARS CLAUSES VIII-1 – VIII-8

(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-Side 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) Reserved

(9) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

(10) DFARS 252.211-7006 Passive Radio Frequency Identification

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

(12) DFARS 252.215-7008 Only One Offer

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

(14) DFARS 252.223-7003 Change in Place of Performance – Ammunition and Explosives

MSC DRYTIME 2022 (09-22) x

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

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

(17) DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

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

(19) DFARS 252.245-7003 Contractor Property Management System Administration

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

(21) DFARS 252.247-7025 Reflagging or Repair Work

(22) FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act)

(23) DFARS 252.232-7007 Limitation of Government’s Obligation

(24) FAR 52.232-39 Unenforceability of Unauthorized Obligations

(25) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(26) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense 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) DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy

(DEVIATION 2020-O0022) (AUG 2020)

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

(43) FAR 52.204-2 Security Requirements (JUL 2021)

(44) FAR 52.211-2 Availability of Specifications, Standards, and Data Item Descriptions

Listed in the Acquisition Streamlining and Standardization Information System

(ASSIST) (JUL 2021)

(45) FAR 52.217-5 Evaluation of Options (JUL 1990)

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

(47) FAR 52.219-14 Limitations of Subcontracting

(48) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021)

MSC DRYTIME 2022 (09-22) xi

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

(50) FAR 52.242-15 Stop Work Order (AUG 1989)

(51) FAR 52.245-9 Use and Charges (APR 2012)

(52) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information (JAN 2023)

(53) DFARS 252.211-7007 Reporting of Government Furnished Property (MAR 2022)

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

(55) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services

(OCT 2010)

(56) DFARS 252.219-7003 Small Business Subcontracting Reporting

(DEVIATION 2019-O0005)

(57) DFARS 252.225-7976 Contractor Personnel Performing in Japan

(DEVIATION 2018-O0019)

(58) DFARS 252.225-7980 Contractor Personnel Performing in the United States

Africa Command Area of Responsibility (DEVIATION 2016-O0008)

(59) DFARS 252.225-7987 Requirements for Contractor Personnel Performing in

USSOUTHCOM Area of Responsibility (DEVIATION 2021-O0004)

(60) DFARS 252.225-7995 Contractor Personnel Performing in the United States

Central Command Area of Responsibility (DEVIATION 2017-O0004)

(61) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEVIATION 2023-O0002)

(62) FAR 52.219-8 Utilization of Small Business Concerns (DEVIATION 2023-O0002)

(63) FAR 52.219-1 Small Business Program Representations (DEVIATION 2023- O0002)

(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) FAR 52.217-9 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

(9) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

IX. ATTACHMENTS IX-1 – IX-6

(a) Attachment IX(A) - Guidelines for Full/Partial Off-Hire Percentages on Readiness Issues

(b) Attachment IX(B) - US Department of Labor Wage Determination

(c) Attachment IX(C) - Reserved

(d) Attachment IX(D) - Reserved

(e) Attachment IX(E) – Performance Work Statement (PWS)

(f) Attachment XI(F) – Basic Pricing Data

(g) Attachment XI(G) – Crew Complement

MSC DRYTIME 2022 (09-22) xii

(h) Attachment XI(H) – Disclosure of Lobbying Activities (SFLLL)

(i) Attachment XI(I) – Mission Essential Contractor Services Plan (MECSP) Worksheet

(j) Attachment XI(J) – Technical Evaluation Worksheet

(k) Attachment XI(K) – Chemical, Biological, Radiological and Nuclear Defense Requirements

(CBRN)

(l) Attachment XI (L) – Contract Data Requirements List (CDRL)

(m) Attachment XI(M) - Government Furnished Property (GFP)

(n) Attachment XI(N) – Anti-Terrorism/ Force Protection (AT/FP) Requirements*

(o) Attachment XI(O) – Specifications for Chemical, Biological and Radiological Defense (CBR-D) Decontamination Stations

(p) Attachment XI(P) – DD Form 254

(q) Attachment XI(Q) – Ships Characteristics Card

(r) Attachment XI(R) – Request for Clarification and Question Form

(s) Attachment XI(S) – Mission Essential Cargo Data

(t) Attachment XI(T) – Decontamination Station Drawing

(u) Attachment XI(U) – Monthly Budget Status Report Template (Example)

(v) Attachment XI(V) – MSC Standard Operating Manual (SOM) (incorporated by reference)

X. INSTRUCTIONS TO OFFERORS X-1 – X-8

(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 Substitution (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) Unique Entity Identifier (UEI)

(k) Reserved

(l) Debriefing

(m) Service of Protest (added)

(n) FAR Part 13.5 Acquisition (added)

(o) Classified Requirement (added)

(p) Questions (added)

(2) FAR 52.215-5 Facsimile Proposals

(3) FAR 52.212-1 (Addendum) Additional Instructions to Offerors— Commercial Items

XI. FAR 52.212-2 EVALUATION–COMMERCIAL ITEMS

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

MSC DRYTIME 2022 (09-22) xiii

XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED

BY FAR XII-1 – XII-31

(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

(2) FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(c) Required (Incorporated by Full Text)

(1) FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(2) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

(3) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) with Alternate I (OCT 2014)

(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)

(9) FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED

BY DFARS XIII-1 – XIII-7

(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 (DEC 2022)

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

(NOV 2020)

(b) Required (Incorporated by Full Text)

(1) Reserved

(2) Reserved

(3) Reserved

(4) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

(5) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)

(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

MSC DRYTIME 2022 (09-22) xiv for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

MSC DRYTIME 2022 (09-22) I-1

Vessel(s):

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

MSC DRYTIME 2022

PART I - DRYTIME BOXES

Solicitation Number (date): N3220523R0009 Contract Number (date):

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E - PWS

2. Place/Range of Delivery:

Military Ocean Terminal Sunny Point (MOTSU), NC

3. Place/Range of Redelivery:

Military Ocean Terminal Sunny Point (MOTSU), NC

4. Charter Period:

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

5. Laydays:

Commencing: May 10, 2024

Cancelling: May 10, 2024

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

Changes from DRTYTIME 2022 (09-20) have been highlighted.

PART V(a)(B) applies.

PART V(b)

PART V(c)

PART V(m)

PART V(o)

PART V(s)

PART V(t)

PART V(u)

PART V(v)

PART V(w)

MSC DRYTIME 2022 (09-22) I-2

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

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 10):

MSC DRYTIME 2022 (09-22) I-3

Full Operational Status (FOS) – Per Day 13(a) Base Period: 365 $ 13(b). 1st Option: 365 $ 13(c). 2nd Option: 365 $ 13(d). 3rd Option: 366 13(e). 4th Option: 335

14. Reserved

15. Reserved

16. Reserved

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

MSC DRYTIME 2022 (09-22) I-4

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 _____

No ______

MSC DRYTIME 2022 (09-22) I-5

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 2022 (09-22) I-6

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 2022 (09-22) I-7

GEAR

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

CASUALTIES / DEFICIENCIES / WARRANTS

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")

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

65B. 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.

MSC DRYTIME 2022 (09-22) I-8

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 2022 (09-22) I-9

FUEL GRADE

74. Minimum vessel fuel specifications

MSC DRYTIME 2022 (09-22) I-10

CONTINUATION

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

MSC DRYTIME 2022 (09-22) I-11

CONTINUATION

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

MSC DRYTIME 2022 (09-22) II-1

PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (tailored pursuant to FAR 12.302(a))

* Indicates that the clause is not tailorable.

^ Indicates that the clause has not been tailored.

(a) INSPECTION (TAILORED)

(1) In General

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

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

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

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

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

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

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

(G) Bunker survey;

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

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

(J) Condition of holds.

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

MSC DRYTIME 2022 (09-22) II-2

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 42 and 43 shall, if required by the

Contracting Officer, be verified by an independent surveyor approved by the Government.

(2) Predelivery Inspection. A predelivery inspection of the Vessel may be held at the

Charterer's option; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this paragraph shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this Charter Party, whether made at the delivery inspection or at any time during the period of the charter period including options if exercised.

(3) Service Inspection

(i) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may –

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

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

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

MSC DRYTIME 2022 (09-22) II-3

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

(B) Terminate the contract for default.

*(b) ASSIGNMENT

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

(c) CHANGES (TAILORED)

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

*(d) DISPUTES

This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (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, MSC DRYTIME 2022 (09-22) II-4 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.