24R0003 A00007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document refere nced in Item 9A or 10A, as heretofore change d, remai ns unchanged and in ful l force and effect .

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

See below.

1. CO NTRACT ID CODE P AGE OF P AGES

J 1 143

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

16C. DAT E SIGNED

BY 26-Jul-2024

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer )(Signature of person authorized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X N3220524R0003

X 9B. DAT ED (SEE IT EM 11)

26-Jan-2024

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer is ext ended, X is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s a mendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FA ILURE OF YOU R A CKNOWLEDGMENT TO BE RECEIVED AT TH E P LACE D ESIGNATED FOR TH E RECEIPT OF OFFERS P RIO R TO THE HOUR AN D DATE SP ECIFIED MA Y RESULT IN

REJECTIO N OF YOUR OFFER. If by vir tue of thi s amendment you desire t o change an offer already submit ted, s uch c hange ma y be made by t ele gram or let ter, provided each t elegram or l ett er makes reference to the sol ici tat ion and this amendment , and is re ceived prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (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 FORT H IN ITEM 14 ARE MADE IN THE

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO .(If appli cable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Jul-2024

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP- 48

NORFOLK VA 23511

N32205 7. AD MINISTERED BY (If other t han item 6)

4. REQUISITION/PU RCHASE REQ. NO.

CODE

See I tem 6

FACILITY CODECODE

EMAIL:TEL:

N3220524R0003

MSC SPECIALTIME 2022 (09-22)

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 27-Feb-2024 02:00 PM to 05-Aug-2024 12:00 PM.

The following have been added by full text:

A00007 This amendment (A0007) serves the following purpose:

1. The Government hereby requests Final Proposal Revisions (FPRs). The deadline for submitting FPRs is 12:00pm EST on 05 August 2024. The Government intends to make an award without obtaining further revisions. Discussions will remain open until the time of FPR submission.

2. This amendment provides answers to Q & A’s.

3. FPRs may be submitted electronically via email. The designated e-mail boxes for submission of FPRs are franklin.b.crozier.civ@us.navy.mil and stephanie.ricker.civ@us.navy.mil.

4. Please provide a separate attachment addressing all individual discussion items contained within the discussion letter under each of the Discussion Item Sections.

5. Offerors are allowed to submit change pages to its original proposal. If offerors are submitting change pages to its original proposal, the offerors shall confirm that its FPR includes the associated change pages and its original proposal as its FPR submission.

6. Offerors shall include in their FPRs acknowledgment of all amendments to date.

7. This amendment also updates Attachment IX (G) Performance Work Statement.

8. This amendment also updates Attachment IX (N) Contract Data Requirement (CDRL).

9. This amendment also adds Attachment IX (V) MIL STD 1330 and Attachment IX (W) General Spec for

Diving Systems.

10. RFP N3220524R0003 is amended as follows:

a) PART I Box 4 is updated. The number of days in Option 4 is corrected from 365 to 335.

b) PART X Technical Proposal

The following is updated from:

The Offeror will confirm in the technical proposal that they possess a SECRET facilities clearance as required by Part V (B). They must also confirm that the vessel’s Master currently holds a SECRET clearance and that all crewmembers will obtain a SECRET clearance prior to contract performance as required by Part V (C).

It is updated to the following:

In the technical proposal, offeror shall provide documentation (e.g., Industrial Security Facilities Database (ISFD), Defense Security Service (DSS) letter, etc.) that Offeror has an active facilities clearance of at least a SECRET level; the Offeror has other charters under hire to the Government that handle classified information; or the offeror provides evidence outlining a viable path to obtaining a FCL prior to vessel delivery. They must also confirm that the vessel’s Master currently holds a SECRET clearance and that all crewmembers will obtain a SECRET clearance prior to contract performance as required by Part V (C).

11. Adds and checks the following Class Deviations:

a) DFARS 252.225-7980-Contractor Personnel Performing in the United States Africa Command Area of

Responsibility (DEVIATION 2016-O0008)

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

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

d) DFARS 252.225-7987 Requirements for Contractor Personnel Performing in U.S Southern Command

Area of Responsibility (DEVIATION 2021-O0004)

e) Class Deviation 2023-O0001–Verification of Eligibility of Small Business Joint Ventures

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013, Revision 1)

f) DFARS 252.225-7006 Acquisition of the American Flag (DEVIATION 2024-O0008)

g) DFARS 252.255-7966 Prohibition Regarding Russian Fossil Fuel Business Operations –

Representation (DEVIATION 2024-O0006, Revision 1) (MAR 2024)

h) DFARS 252.225-7067 Prohibition Regarding Russian Fossil Fuel Business Operations (DEVIATION

2024-O0006, Revision 1) (FEB 2024)

12. Reserves the following provision:

a) DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation under any Federal or State Law (DEVIATION 2012-O0007) (MAR 2012)

13. Update the following clause:

DFARS 252.232-7006 Wide Area Work Flow Payment Instructions (Jan 2023).

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

14. All other terms and conditions remain unchanged.

QUESTIONS AND ANSWERS (Q & A’S)

Question 1:

The requirements to clean the diver air piping to MIL STD 1330 and 1622 require NAVSEA certification to accomplish. We don't have any such certifications from NAVSEA and have no idea what the process entails. Can MSC detail why this requirement is being added to the PWS when it was not a requirement for the current contract?

We provide air samples and accomplish regular cleaning of the diver's air system in accordance with the manufacturer's requirements as well as CG and ABS requirements. It may not be possible for a commercial contractor to obtain NAVSEA certification for this military process. Thanks.

Answer:

Our requirements are dynamic and we have to comply with changes when they are identified. Naval Sea Systems Command (NAVSEA) identified the cleaning and testing requirements for Diver Air Piping Systems in General Specification “NAVSEA TS500-AU-SPN-010”. Further, we learned that MIL STD 1330 is a higher standard that supersedes the 1622 requirement in our PWS. Therefore we will remove the MIL STD 1622 from the PWS and include both documents (Gen Spec and MIL STD 1330) in the RFP for Contractor use.

NAVSEA identified specific vendors with MIL STD 1330 certification, who will clean and certify vessel diver quality air piping systems on an “as needed basis”. The vessel shall be delivered with piping cleaned in accordance with MIL STD 1330. The following vendor list is provided for contractor use:

1.) Joint Concept Maintenance & Testing 681 Anita St STE 103, Chula Vista, CA 91911 619-737-9435 https://www.jcmtestingllc.com/

2.) Standard Calibrations, INC 501 Resource Row, Chesapeake, VA 23320 757-549-6534 https://standardcal.com/

3.) Highstar Industrial Technologies, Inc.

1410 Court St Portsmouth, VA 23704-3663

(757) 398-9300

4.) United Contamination Control 241 Zimmerman Ln, Langhorne, PA 19047 215-946-4300 https://www.uncc.com/

5.) GPC Global PCCII 300 North Lee Street Suite 201 Alexandria, Virginia 22314 USA

(703) 684-2060 www.pccii.com

Question 2:

Also, section 2.3.2 requires storage for 40 K type bottles of any combination, however, section 2.9.2.3 requires storage for 16 oxygen bottles (medical grade), 2 oxygen bottles (welding), 2 argon bottles, 16 nitrogen bottles, and 2 acetylene bottles. Which section is the correct configuration? Thanks.

Answer:

2.9.2.3 will be revised as follows: requires storage for 40 bottles of aviation breathing or medical grade gasses. A notional load-out might be 16 oxygen bottles (medical grade), 4 argon bottles, 16 nitrogen bottles, and 4 additional bottles of helium or other gas. Welding gases will be removed from this section and shown in section 2.9.2.4 to avoid confusion with aviation breathing or medical grade gases.

The following have been modified:

SPECIALTIME PROFORMA

SPECIALTIME PROFORMA

MILITARY SEALIFT COMMAND

SPECIAL TIME CHARTERS (EXTENDED-TERM)

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 Num.

Description Date

N/A Part II FAR 52.212-4 Contract Terms and Conditions - Commercial Items

(NOV 2021); Updated.

Sep 2022

Part III(a)(1) Hire Rates; revised the second sentence.

Part III(m) Press Release; added.

Part III(n) Vessel Name Release; added.

Part IV(k)(1) Supercargo and Government Designated Representatives; revised second sentence.

ii

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 IV(as)(7) Accident (i.e. Mishap) Report; word corrected to read, “allision”.

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)(xii); 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 SPECIALTIME Part XII).

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

Part X(b)(16)(xxii) 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 SPECIALTIME 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.

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTERS

TABLE OF CONTENTS

I. SPECIAL TIME 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/Acceptance (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity iii

(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. SPECIAL 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) Reserved

(g) Loading and Discharging

(h) Oil Pollution Spill

(i) Safety in Loading and Discharging

(j) Reserved

(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-33

(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 iv

(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) Reserved

(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) Safety Management System

(at) Sovereign Immunity

V. SPECIAL TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-11

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

(a) Security Clearance

(b) Reserved

(c) Navigational Equipment

(d) Fuel Monitoring

(e) Time Charter War Risk Coverage

(f) Automated External Defibrillator (AED)

(g) Reserved

(h) Crew Appearance

(i) Reserved

(j) Reserved

(k) Tugs and Barges

(l) Contractor Security (CS)

(m) Option to Purchase Time Chartered Vessel

(n) Cancellation Fee

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

v

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) DFARS 252.227-7015 Technical Data—Commercial Items

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

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

(b) Required for contract(s) greater than $1,000,000.00 DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(c) Required for contract(s) greater than $500,000.00 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) DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.243-7002 Requests for Equitable Adjustment

(e) Required for contract(s) awarded to a U.S. vendor DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

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

(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 vi

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— 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 vii

(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

(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 viii

(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

IX

Documentation/Instructions

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 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Video Surveillance Services or Equipment

(3) FAR 52.232-18 Availability of Funds

(4) FAR 52.245-1 Government Property

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

(6) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

(7) DFARS 252.204-7000 Disclosure of Information

(8) DFARS 252.204-7003 Control of Government Personnel Work Product

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

(10) 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

(11) DFARS 252.211-7006 Passive Radio Frequency Identification

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

(13) DFARS 252.215-7008 Only One Offer

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

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

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

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

(18) Reserved

(19) Reserved

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

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

(22) DFARS 252.247-7025 Reflagging or Repair Work

(23) DFARS 252.237-7023 Continuation of Essential Contractor Services

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

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

(26) FAR 52.232-39 Unenforceability of Unauthorized Obligations

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

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

(29) DFARS 252.247-7027 Riding Gang Member Requirements

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

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

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

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

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

(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-O0001) (NOV 2019)

(37) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records

(DEVIATION 2020-O0001)

(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 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (DEVIATION 2021-O0009) (OCT 2021)

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

(43) DFARS 252.215-7016 Notifications to Offerors - Postaward Debriefings

(44) FAR 52.204-2 Security Requirements

(45) FAR 52.219-9 Small Business Subcontracting Plan

(46) DFARS 252.245-7005 Management and Reporting Government Property (JAN 2024)

(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-29

Attachment IX(A) – US Department of Labor Wage Determination Attachment IX(B) – Guidelines for Full/Partial Off-Hire Percentages on Readiness Issues Attachment IX(C) - Government Furnished Property (GFP) and Directives Attachment IX(D) - Basic Pricing Data Attachment IX(E) – DD Form 254, Contract Security Classification Specification Attachment IX(F) – Crew Complement Attachment IX(G) – Vessel Requirements & Performance Work Statement (PWS) Attachment IX(H) – Request for Clarifications Attachment IX(I) – Anti-Terrorism/ Force Protection (AT/FP) Requirements Attachment IX(J) – Specifications for Chemical, Biological and Radiological Defense (CBR-D) Decontamination Stations Attachment IX(K) – Shipboard Security System (SSS) Requirements Attachment IX(L) – Disclosure of Lobbying Activities (SFLLL) Attachment IX(M) -COMSCINST 3121.9 Series, MSC Standard Operating Manual (SOM) (incorporated by reference) Attachment IX(N) – Contract Data Requirements List (CDRL) Attachment IX(O) – Reserved Attachment IX(P) – Mission Essential Contractor Services Plan (MECSP) Worksheet Attachment IX(Q) – Technical Offer Worksheet Attachment IX(R) – Classified Vessel Requirement (Not distributed with Solicitation-post award) x

Attachment IX(S) – Reserved Attachment IX(T) – Shipyard Data Information Template Attachment IX(U) – MSC Monthly Government Meal Record Sheet Attachment IX(V) – MIL STD 1330 Attachment IX(W) – General Spec for Diving Systems

X. INSTRUCTIONS TO OFFERORS – EXTENDED TERM CHARTER X-1 – X-9

(a) Required FAR Clauses (Incorporated by Full Text)

(1) FAR 52.212-1 Instructions to Offerors – Commercial Items (Tailored pursuant to FAR 12.302(a))

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

(b) Submission of Offers (tailored)

(c) Period for Acceptance of Offers (tailored)

(d) Vessel Substitutions (tailored)

(e) Multiple Offers

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

(g) Contract Award

(h) Multiple Awards

(i) Availability of Requirements Documents Cited in the Solicitation

(j) Unique Entity Identifier (UEI)

(k) System for Award Management

(l) Debriefing

(m) Service of Protest (tailored)

(n) FAR 13.5 Acquisition

(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)) – EXTENDED TERM CHARTER CHARTER 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

(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 (NOV 2021) 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-xi

Representation (OCT 2020) FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

(JUN 2020)

FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

(OCT 2020)

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS XIII-1 – XIII-7

(a) Required (Incorporated by Reference)

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

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

(b) Required (Incorporated by Full Text)

(1) 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under Any Federal or State Law

(DEVIATION 2012-O0007) (MAR 2012)

(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) 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)

MSC SPECIALTIME 2022 (09-22) I-1

Vessel(s):

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

MSC SPECIALTIME 2022

PART I - SPECIALTIME BOXES

Solicitation Number (date): N3220524R0003 Contract Number (date):

1. Vessel(s) Required:

2. Place / Range of Delivery:

Virginia Beach, VA

3. Place / Range of Redelivery: Virginia Beach, VA

4. Charter Period):

Base Period: 365 days Option 1 Period: 365 Days Option 2 Period: 365 Days Option 3 Period: 366 Days Option 4 Period: 335 Days

5. Laydays: Commencing: 07 September 2024 Canceling: 07 September 2024

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

The following Section applies:

PART V (a)(A) PART V (a)(C)

Part V(m)

MSC SPECIALTIME 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 (style, address, phone, cell 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 SPECIALTIME 2022 (09-22) I-3

PRICING DATA

BOX NOS., SHIP STATUS, AND EXPENDITURE TYPES

13. Daily Charter Hire Rate

14. Reserved 15. Reserved

Base Period: $ ___________ $ ___________ $ ___________ 1st Option Period $ ___________ $ ___________ $ ___________ 2nd Option Period $ ___________ $ ___________ $ ___________ 3rd Option Period $ ___________ $ ___________ $ ___________ 4th Option Period $ ___________ $ ___________ $ ___________

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

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

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

MSC SPECIALTIME 2022 (09-22) I-4

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:

25. Vessel's e-mail:

26. Call Letters:

27. Official number:

28. Net registered tonnage:

29. Panama Canal tonnage :

30. Gross registered tonnage:

31. Suez Canal tonnage :

32. Beam (extreme)

a. (ft.) b. (m)

33. Length Overall:

a. (ft.) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft.) b. (m)

36. Summer mean draft:

a. (ft.) b. (m)

37. Deadweight capacity (on draft in Box 36):

a. (LT) b. (t)

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

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft.) b. (m)

40. Shaft Horsepower/kilowatts:

a. (HP) b. (kW)

41. Brake Horsepower/kilowatts:

a. (HP) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MarAd subsidized vessel: Yes _____ Will not be subsidized after post award sale.

No ______

CARGO CAPACITY (as applicable)

MSC SPECIALTIME 2022 (09-22) I-5

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 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)

VESSEL CAPACITY (continued)

62. General description of vessel spaces and special features:

MSC SPECIALTIME 2022 (09-22) I-6

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

GEAR

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

MSC SPECIALTIME 2022 (09-22) I-7

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")

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

65A. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

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

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):

MSC SPECIALTIME 2022 (09-22) I-8

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

FUEL GRADE

MSC SPECIALTIME 2022 (09-22) I-9

74. Minimum vessel fuel specifications

MSC SPECIALTIME 2022 (09-22) I-10

CONTINUATION

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

MSC SPECIALTIME 2022 (09-22) I-11

CONTINUATION

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

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

COMMERCIAL SERVICES (NOV 2023) (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

MSC SPECIALTIME 2022 (09-22) II-2

(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 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 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 an independent surveyor.

(iii) If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended services or unable to operate for the remaining period of this Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law.

(iv) The Vessel horsepower identified in Boxes 40 and 41 shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government.

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

(3) Service Inspection

MSC SPECIALTIME 2022 (09-22) II-3

(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 –

(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, 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.

MSC SPECIALTIME 2022 (09-22) II-4

(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…