A0003 24R0003.docx

N3220524R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

A00003 This amendment (A0003) serves the following purposes:

1. Updates Attachment IX (G) - Performance Work Statement (PWS). Changes are highlighted yellow.

2. Amends Special Time PROFORMA Part X, Critical Submission Data . Changes are highlighted yellow.

3. Attachment IX (E) - DD Form 254 is attached.

4. Answers Vendor Requests for Clarification (See below).

5. All other terms and conditions remain in full force and effect.

Questions/Answers:

Question 1:

Section 2.10.2 of the PWS states that the moon pool should be “capable” of launch and recovery of manned SDV’s, however, the launch and recovery matrix allows the contractor to launch SDV’s either by crane, unmanned, or using the moon pool, manned. Please define the requirement for the moon pool to be “capable” of launching and recovering the SDV’s. If the moon pool lift system is certified under the criteria required in the PWS, will that suffice? Please confirm whether the contractor does indeed have the option to use either the crane or the moon pool for SDV L/R.

Answer:

The contractor does not have the option to use either system. Both moonpool and crane systems must be capable of supporting Sponsor SDV mission requirements. The government will have to provide a SDV strongback to launch an SDV through the moon pool.

In the solicitation PWS in section 2.10.2 Moon Pool it states “The vessel shall be equipped with a dry moon pool capable of launching and recovering a manned DCS and a manned SDV.” In the amended PWS, the moon pool lift system requirement for SDV launch and recovery is described in section 2.10.5 Moon Pool and also in 2.10.11 SDV. Both state that the moon pool lift system shall be capable of manned SDV launch and recovery.

With respect to moon pool lift system certification please see revised PWS section 2.10.1 through 2.10.3.

Question 2:

The PWS, in multiple locations, states that the vessel must be capable of launching the DDS Dry Deck Shelter. This requirement was removed from the current PWS. Is the addition of the DDS to the PWS correct and, if so, what is the criteria for launching the DDS? It does not have a strong back or any sort of adapter beam.

Answer:

This is a scope reduction from the initial PWS. The PWS is amended to remove the DDS requirements from section 1.1, 1.2, 2.9.1, 2.10, and 2.10.9.

Questions 3:

The PWS, in multiple locations, states that the vessel must be capable of launching the PWC Personal Watercraft. This requirement was not in the current PWS [current contract]. Is the addition of launching and recovering the PWC’s to the PWS correct and, if so, is the storage of the PWC’s part of the clear deck requirement?

PWCs are in the current contract in section C-2.11.6 and C-2.10.1. The PWC with trailers are 17.33 ft L x 9 ft W x 7.58 ft high and weigh 2,430 lbs. Without the trailers the PWC weight 875 lbs. and are 11.73 ft L x 4 ft W. The PWC can be stored in convenient locations, not just the deck. PWS has been modified with revised PWC and trailer information.

Question 4:

Section 2.7.2 of the PWS requires that two certified DPO Unlimited mariners are to be on the bridge, on watch, while undertaking critical activities. Any vessel operating under this contract will be operating under Subchapter I of the regulations, which requires a three-watch system (8-hours watches) for the mariners working in each department on the vessel, including the bridge crew. Typically, a vessel of this class and size will have a wheelhouse crew consisting of one Master, one Chief Mate, and three licensed Mates. For a standard three-watch system, this number of mariners is adequate, however, to always provide two DPO’s in the wheelhouse when on DP, regardless of the operating scenario, an additional Mate will need to be added to the crew contingent. This will add significant expense to operate the vessel and therefore cause the charter rate to increase. It is not possible to only have additional crew during so called “critical activities” as critical activities can occur at any given time while operating, even if not originally anticipated. Please confirm the requirement to provide “Unlimited” DPO’s and the requirement for two DPO’s in the wheelhouse, on watch at all times, during critical activities, as opposed to two DPO’s on board the vessel at all times during critical activities, which can be accomplished with the normal crew contingent.

Answer: Please see revised section 1.4 Operating temp and 2.7.2 DP Operator (DPO).

Question 5:

Section 2.9.1.19 of the PWS states that the government will supply the strong back, however, it does not not (sic) include a statement regarding whether the government will supply the DCS cradle as well. The current PWS includes the cradle as GFE. Please confirm whether the government will supply and maintain the DCS cradle.

The DCS cradle is labeled as SME in 2.9.1.17. The government will maintain the DCS cradle and DCS Strongback.

Question 6:

Section 2.10.2 of the PWS requires the contractor to “provide, and describe a means of covering the DCS and SDV in the moon pool with tarps or removable panels to prevent observation….”. Please clarify what the intent of the “in the moon pool” is with regards to covering the assets. If the moon pool can be covered by the carriage, will that option satisfy this requirement?

In the revised PWS, 2.10.5 states “Offerors shall provide, a means of obscuring the DCS or SDV from view while in the moonpool lift system or in the cradle to prevent observations alongside or overhead of the ship. Materials will be suitable for use in an underway marine environment and allow normal launch, handling, and recovery operations through the moonpool while in place.”

Question 7:

Section 2.10.2.1 of the PWS requires “The moon pool lift system and CRADLE assembly must be capable of launching and recovering the DCS at a depth of 30 FSW.” Please clarify this requirement as the cradle is not used during launch and recovery operations. It is uded (sic) only to secure the DCS to the carriage.

Answer: Please see updated PWS section 2.10.5.1

Question 8:

Section 2.10.4 of the PWS requires the “vessel shall be able to demonstrate that the launch and recovery systems were manufactured in accordance with Navy standards or a recognized IACS (ABS or equivalent Rules for Building and Classing Underwater Vehicles, Systems and Hyperbaric Facilities) standard.” Please confirm that the intent of this requirement is for the DCS moon pool lift system only. Since the crane will be used for launch and recovery of unmanned assets only, it should not be required to hold the same certification.

Answer:

Solicitation PWS 2.10.4 Sponsor Craft Launch and Recovery was amended. Sections 2.10.1 through 2.10.3 of the revised PWS requires that the moon pool lift system is to be classed and certified by American Bureau of Shipping in accordance with ABS Rules for Building and Classing of Underwater Vehicles, Systems, and Hyperbaric Facilities, Section 20 Handling Systems. This requirement is for the moon pool lift system only.

The crane used for unmanned launch and recovery will not be required to hold the same certification. The crane shall be certified in accordance with the ABS Guide for Lifting Appliances and listed on the ABS class notations for the vessel as specified in 2.10.4 of the revised PWS.

Question 9:

Sections 2.15.1, 2.15.2, 2.15.3, and 2.15.4 of the PWS are new requirements compared to the current PWS and will require a large portion of the clear deck space. The current PWS was modified from the original version and requires the ability to move the carriage aft of the moon pool for better accessibility. To move the carriage farther aft of the moon pool, the carriage rails had to be extended, which used quite a bit of the available clear deck area. This in turn reduced the total clear deck area available for storage of sponsor assets and equipment. The clear deck requirement in this PWS does not account for the revisions in the current PWS, nor does it account for the additional requirements of the above listed sections. The current support ship provides the required deck space, but with the additional spaces required in this new PWS, the clear deck area will be reduced below the initial requirement to store sponsor equipment and assets. Please confirm these new requirements and the minimum square footage required for each additional space so that contractors may better understand the impact on the clear deck area.

Answer:

The elements of section 2.15.1 through 2.15.4 are new and provide clarification of Diving and Vehicle support requirements.

Square footage is not provided; MSC has provided needed functionality in this revised PWS and requires vessel owners to determine vessel compartment size based on compressed gas bottle storage, equipment foundations, workbench/work space requirements and diver dressing station needs.

Further, the Sponsor recognized that the dry deck shelter and transporter, their single largest piece of equipment (250 sq. ft.) was no longer required and has been removed from this revised PWS. All listed mission equipment will be required onboard, but not at the same time. Therefore, the open deck space requirement in the revised PWS section 2.5 is 1,500 square feet of contiguous deck space.

We have therefore defined equipment and containers to be stored in sponsor work areas and are allowing offerors to design their own compartment arrangements.

Question 10:

Section 2.24 of the PWS requires launching of the sponsor supplied diver’s stage. If the cursor beam is outfitted with a “tub” allows divers to be deployed and recovered during the launch and recovery of the DCS, will this suffice to meet the diver’s stage launch requirement?

No, a Diver’s Tub as described in Section 2.24 (now in Section 2.10.5 Moon Pool) operates from the main deck to a depth of 30 FSW. This will not substitute for the Diver’s Stage lift system which operates from the main deck to 200 FSW. These devices serve different purposes.

Question 11:

Does the requirement to provide a list of overseas ports that the vessel has visited over the last 5 years include U.S. territories such as Guam?

No.

Question 12:

Will the government maintain and inspect the strong back and cradle assembly?

The government intends to maintain and inspect the DCS and SDV strongback and cradle.

Question 13:

Section 3.1 of the PWS requires the conference room to meet the requirements of ICD 705-1. Any space built to this standard requires government involvement for construction and approval. This is a major modification to an existing space, which could affect other spaces on the vessel. Will the government pay the cost of meeting this requirement, as well as the cost to maintain the space to this standard?

Answer:

No; the government will not pay the cost of the meeting this requirement or maintaining the space to this standard, with the following exceptions;

1. The Sponsor Special Security Officer (SSO) performs initial and annual compliance inspections, and would document any deficiencies preventing the space from meeting ICD 705-1 requirements.

2. The Sponsor will provide X10 locks and keypads for the Moon Pool SSV Conference Room to help mitigate supply chain difficulties.

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.

N3220524R0003

MSC SPECIALTIME 2022 (09-22)

LIST OF EFFECTIVE CHANGES

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.

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

(m) Press Release

(n) Vessel Name Release

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

Former DoD Officials

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 252.203-7000 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 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—

(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

(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

(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

Video Surveillance Services or Equipment

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

Information Controls

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

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

(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)

(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) Attachment IX(S) – Reserved Attachment IX(T) – Shipyard Data Information Template Attachment IX(U) – MSC Monthly Government Meal Record Sheet

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

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

Items

XI. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

(Tailored pursuant to FAR 12.302(a)) – EXTENDED TERM CHARTER CHARTER XI-1 – XI-3

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)

Video Surveillance Services or Equipment (NOV 2021)

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

Reserved

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

(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)

MSC SPECIALTIME 2022 (09-22) x

Vessel(s):

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

MSC SPECIALTIME 2022

PART I - SPECIALTIME BOXES

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: 365 Days

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

The following Section applies:

PART V (a)(B) PART V (a)(C)

Part V(m)

Vessel(s):

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):

Vessel(s):

PRICING DATA

BOX NOS., SHIP STATUS, AND EXPENDITURE TYPES

13. Daily Charter Hire Rate

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

Vessel(s):

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

20.

Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): SELECT ONE

Offeror IS a VISA Participant Vessel(s) offered IS (ARE)) Enrolled in VISA Offeror HAS APPLIED to be a VISA Participant Vessel(s) offered WILL BE Enrolled in VISA Offeror IS NOT a VISA Participant Vessel(s) IS (ARE) Not Enrolled in VISA

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

22. Place built

23. Year built: Flag:

24. INMARSAT:

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)

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

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

No ______

Vessel(s):

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

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(s):

VESSEL CAPACITY (continued)

62. General description of vessel 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

Vessel(s):

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")

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.

Vessel(s):

FUEL CONSUMPTION AT SERVICE SPEEDS

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):

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:

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Vessel(s):

FUEL GRADE

74. Minimum vessel fuel specifications

Vessel(s):

CONTINUATION

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

Vessel(s):

CONTINUATION

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

MSC SPECIALTIME 2022 (09-22) I-11

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

(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.

(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

(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.