23R4017 A0003.pdf

N3220523R4017

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See amendment details below .

1. CONTRACT ID CODE PAGE OF PAGES

J 1 144

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Mar-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N3220523R4017

X 9B. DATED (SEE ITEM 11)

20-Jan-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Mar-2023

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-48

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220523R4017

MSC TANKTIME 2022 (09-22) 2

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:

A0003 The purpose of this amendment is to:

1. Amend Proforma Part X, Technical Proposal item 6. Please see revised language in green highlight.

2. All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

TANKTIME PROFORMA

MILITARY SEALIFT COMMAND

TANKER 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.

MSC TANKTIME 2022 (09-22)

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(d)(2) Qualifications; paragraph revised.

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)(xiv); 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 TANKTIME Part XII).

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

Part X(b)(16)(xxi) 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 TANKTIME 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.

MSC TANKTIME 2022 (09-22) ii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TANKER TIME CHARTER

TABLE OF CONTENTS

PART PAGE NO.

I. TANKTIME BOXES I-1 – I-9

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. TANKER TIME TERMS AND CONDITIONS (Addendum to

FAR 52.212-4) III-1 – III-8

(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) Description of Vessel

(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 TANKTIME 2022 (09-22) iii

(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

V. TANKER TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-7

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

(a) Security Clearance

(b) Fuel Monitoring

(c) Automated External Defibrillator (AED)

MSC TANKTIME 2022 (09-22) iv

(d) Both to Blame

(e) Tugs and Barges

(f) Contractor Security (CS)

(g) Communications

(h) Secure Space

(i) Cadet/Midshipmen

(j) Vessel Name Release

(k) Contract Points of Contact

(l) Option to Purchase Time Chartered Vessel

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS 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

(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

MSC TANKTIME 2022 (09-22) v

(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 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—

MSC TANKTIME 2022 (09-22) vi

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

(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

(74) DFARS 252.239-7010 Cloud Computing Services

MSC TANKTIME 2022 (09-22) vii

(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

VIII. ADDITIONAL FAR, DFARS AND MSC 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

(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

MSC TANKTIME 2022 (09-22) viii

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

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

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

(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 2020)

(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 (OCT 2016)

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

(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 252.225-7993 Prohibition on Providing Funds to the Enemy

(DEVIATION 2020-O0022)

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

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

MSC TANKTIME 2022 (09-22) ix

(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) – Government Furnished Property (GFP)

(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) – 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) – Mission Essential Contractor Services Plan (MECSP) Worksheet

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

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

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

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

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(m) Service of Protest (added)

(n) Reserved

(o) Classified Requirement

(2) 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

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 (MAY 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 (MAR 2022)

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

(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) 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 for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

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Vessel(s):

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

PART I - TANKTIME BOXES

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

1. Vessel(s) Required:

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

2. Place/Range of Delivery:

Sea of Japan/Western Pacific Range, Port is Charterer’s option.

3. Place/Range of Redelivery:

Sea of Japan/Western Pacific Range, Port is Charterer’s option.

4. Charter Period

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

5. Laydays:

Commencing: 16 September 2023

Cancelling: 30 November 2023

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

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

Vessel(s) :

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

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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 11)

Full Operational Status (FOS) – Per Day

13. Base Period: 366 Days $

14. 1st Option: 365 Days $

15. 2nd Option: 365 Days $

16. 3rd Option: 365 Days $

17. 4th Option: 336 Days $

18. Reserved

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

20. Reserved N/A

21. Laydays Proposed: 22. Estimated Readiness Date:

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VESSEL DATA

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

24. Place built: 25. Year built: Flag:

26. INMARSAT Identification No. 27. Vessel's e-mail/fax:

28. Call Letters: 29. Official Number:

30. Net registered tonnage: 31. Panama Canal tonnage:

32. Gross registered tonnage: 33. Suez Canal tonnage:

34. Beam (extreme)

a. ft: b. m:

35. Length Overall:

a. ft: b. m:

36. Immersion (on draft in Box 36):

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

37. Length between perpendiculars:

a. ft: b. m:.

38. Summer mean draft:

a. ft b. m:

39. Deadweight capacity (on draft in Box 36)

a. LT: b. t:.

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

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

41. Summer Load Line Freeboard:

a. ft: b. m:.

42. Shaft Horsepower:

a. hp: b. kW

43. Brake Horsepower:

a.. hp: b. kW:

44. Nationality of Master, Officer, and crew: 45. Number of people other than crew that can be carried:

46. Classification society entered and class assigned:

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

48. Insured value of Vessel (USD): 49. Vessel's present position/destination:

50. Last drydock date (mm/dd/yy): 51. Next drydock date (mm/dd/yy):

52. MarAd subsidized vessel? _____Yes _____No

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

54. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS

55. Number of cargo tanks: 56. Number of natural segregations with double valves:

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