26R6042_RFP.pdf
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- Attached to
- 23-day Dry Cargo Time Charter Federal contract opportunity
- Solicitation number
- N3220526R6042
About this file
This is a Request for Proposals (RFP) issued by Military Sealift Command Norfolk for a U.S. flag vessel spot charter. The solicitation number is N3220526R6042, issued on January 29, 2026, with offers due by Thursday, February 5, 2026, at 1100 Eastern Time. The acquisition is being conducted under FAR 13.5 simplified procedures for commercial products and services, with anticipated award of a firm-fixed-price contract. The proforma charter document (MSC DRYTIME 2024, Rev. 1) is incorporated by reference and serves as the contract terms. A valid submission requires at minimum a ship name, price, and signature.
The vessel must be a single U.S.-flag ship capable of carrying a minimum of six 20-foot ISO containers (four of hazardous material Classes 7 and 8, and two of general cargo), with a maximum weight of 20,000 lbs per container. Vessel specifications include: maximum length of 568 feet, maximum draft of 35 feet when loaded, minimum laden speed of 15 knots, and capability to pass containers over the port side at approximately 250 feet from the stern for vessels exceeding 350 feet. The charter period is approximately 23 days with laydays commencing April 8, 2026 and cancelling April 10, 2026. Pickup is at Berth 13, Yokosuka, Japan, with redelivery at Puget Sound Naval Shipyard, Bremerton, Washington. The vessel must be fully bunkered with minimum 20 days at sea and 10 days in port fuel capacity, carry a minimum of two supercargos, arrange lashing/unlashing services at all ports, and provide valid HAZMAT registration certificates and crew training documentation. Fuel is priced at $1,188.68 per metric ton for MGO/MDO, with evaluation based on 12 days laden underway, zero days ballast underway, and 11 days in port idle. Vessel substitution requests must be received no later than six weeks prior to scheduled arrival unless extenuating circumstances occur. The Red Sea, Bab al-Mandeb Straits, and Gulf of Aden are designated imminent danger pay locations, with MSC CIVMARs receiving $225 per month or $7.50 per day in these areas. Payment will be made via ERP DFAS-CL with electronic invoices submitted through Wide Area Work Flow (WAWF).
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| WD_2019-0288_Rev25.pdf | ||
| DRYTIME 2024 (Rev. 1 (12-24)).pdf | ||
| 26R6042_Fuel_Consumption_Template.xlsx | XLSX spreadsheet |
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Text version
29 January 2026
This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office
SOURCES SOUGHT NOTICES, RFP’S, AMENDMENTS AND CONTRACT AWARDS
WILL BE POSTED TO THE SAM.GOV WEBSITE (ONLY) UNTIL FURTHER NOTICE.
HTTPS://SAM.GOV
PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST
Subj: RFP N3220526R6042
Ref: (a) SF 1449
(b) MSC DRYTIME 2024 (Rev. 1 (12-24)) (“The Proforma”)
This acquisition is being conducted under FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. Only FAR Part 13 procedures will be used to solicit and evaluate proposals submitted by owners/offerors. Per FAR 52.216-1, the Government contemplates award of a firm-fixed-price contract resulting from this solicitation
MSC Strategic Sealift Program Support Office, N103A, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available on the MSC web site at https://www.msc.usff.navy.mil, under “Business “Opportunities”, select “Contracts”, then “Proforma”, or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the owner/offeror confirms agreement with all terms and conditions of this solicitation and the charter form (proforma), unless otherwise identified therein.
NOTES:
1. IN ACCORDANCE WITH MSC DRYTIME PROFORMA, PART X (a)(1)(b)(15) A VALID
SUBMISSION CONSISTS OF AT LEAST A SHIP NAME, A PRICE, AND A SIGNATURE; WITHOUT
THESE AT A MINIMUM, YOUR SUBMISSION WILL NOT BE CONSIDERED FOR EVALUATION
AND AWARD.
2. DUE TO INCREASED E-MAIL SECURITY, IT MAY TAKE LONGER FOR E-MAILS TO BE
RECEIVED IN THE APPROPRIATE IN-BOX, ESPECIALLY WHEN AN E-MAIL IS HOSTED IN A
FOREIGN COUNTRY; SOME E-MAILS ARE DELAYED IN EXCESS OF HOURS. OFFERORS ARE
ENCOURAGED TO SUBMIT OFFERS AS SOON AS POSSIBLE. NO JPEG FILES.
3. IN REFERENCE TO THE PROFORMA'S "WAR" SECTION, CONTRACTORS ARE NOTIFIED
THAT THE RED SEA, THE BAB AL-MANDEB STRAITS, AND GULF OF ADEN ARE
DESIGNATED IMMINENT DANGER PAY LOCATIONS; MSC CIVMARS RECEIVE IMMINENT
DANGER PAY OF $225 FOR THE ENTIRE MONTH OR $7.50 PER DAY WHILE IN THE AREA.
4. OFFERORS ARE REMINDED THAT EXPIRED OFFERS WILL BE EXCLUDED FROM THE
COMPETITION UPON EXPIRATION AND WILL NOT BE AVAILABLE FOR SUBSEQUENT
REVIVAL OR RENEWAL UNLESS THE EXPIRATION OCCURS DURING A PERIOD WHERE
FINAL PROPOSAL REVISIONS ARE BEING ACTIVELY SOUGHT.
https://sam.gov/ https://www.msc.usff.navy.mil/
A. STANDARD FORM 1449 BOXES
I. Standard Form 1449 Boxes
2. Contract No.: Will be provided upon award
5. Solicitation No.: N3220526R6042
6. Solicitation Issue Date: 29 January 2026
7. For Solicitation Information: Email Tiffany Gallon at tiffany.n.gallon.civ@us.navy.mil or 564-226-8986
8. Offer Due Date: Thursday, 05 Feburary 2026, at 1100 Eastern Time
9. Issued By: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP-64, Naval Station Norfolk, Norfolk, VA 23511-2419 (Code: N32205)
10. This Acquisition is: Unrestricted; NAICS Code: 483111
14. Method of Solicitation: RFP 18a. Payment will be made by: ERP DFAS-CL (Pay DoDAAC N50082). Submit electronic invoices IAW Part VIII(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions 18b. Submit invoices to: See Part VIII(C)(7) MSC Wide Area Work Flow (WAWF) Instructions 27a. Solicitation incorporates by full text FAR 52.212-1, 52.212-3 Alt I, 52.212-4 and 52.212-5, tailored as indicated and appropriate.
PART I-DRYTIME BOXES:
1. Vessel Required:
One, U.S. flag vessel, capable of carrying a minimum of six 20-foot ISO containers, four of which are comprised of Class 7 and Class 8 hazardous material, while satisfying cargo compatibility and segregation requirements IAW CFR Title 49, Part 176. Tug and Barge units are not acceptable for this movement due to the nature of the cargo.
A. Vessel specifications:
(1) Vessel length overall shall not exceed 568 feet (173 meters).
(2) Vessel draft shall not exceed 35 feet (10.6 meters) when loaded with intended cargo.
(3) A. Vessels longer than 480 feet (146.3 meters) cannot have a large superstructure (e.g.
wheelhouse) on the bow.
B. Vessel cannot have obstructions (cranes, masts, superstructure, etc.) within 20 feet either forward or aft of the area that the container will pass over the side of the ship. C.
For vessels greater than 350 feet (106.7 meters) only, TEUs must be able to pass over the vessel’s side on the port side at approximately 250 feet from the stern as shown in Figure 1 below.
(4) Ships over 350 feet will be docked port-side-to. The maximum accepted vessel height above the water line where the TEU are to pass over the side of the ship and into the hold is 90 feet. The maximum depth the cargo can be lowered below the pier level is estimated at 30 feet. The shore portal crane can reach in from the side of the ship up to 57 feet when considering the Yokohama fender contact locations.
(5) Minimum laden speed shall be 15 knots.
B. Cargo specifics and requirements:
mailto:tiffany.n.gallon.civ@us.navy.mil
(1) Four TEUs of HAZMAT (Class 7 and 8), and two additional TEUs of general cargo.
Heaviest 20-foot ISO container will not exceed 20,000 lbs.
(2) Vessel shall have sufficient space to allow for proper segregation and separation below deck and not be double stacked.
(3) Vessel shall have sufficient lashing gear and vessel connection points (e.g. twist locks (preferred), lashing rods, chains, turnbuckles, ratchet chain binders, straps, D-rings, etc.)
to secure each TEU to a minimum working load capacity of 25,000 pounds of securement force per TEU corner, with a minimum of two TEU-to-vessel connections per TEU corner edge.
(4) Vessel’s crew shall restrict cargo from foreign national contact.
(5) Vessel shall present fully bunkered for mission with a minimum 20 days at sea and 10 days in port in addition to fuel safety margins.
(6) Vessel’s Hazmat security and safety plans must meet the provisions of 33 CFR parts 6, 109, 110, 125, 126, and 160.
Figure 1. Vessel Mooring Arrangement
2. Place / Range of Delivery:
Berth 13, Yokosuka, Japan
3. Place / Range of Redelivery:
Puget Sound Naval Shipyard, Bremerton, Washington (USA)
4. Charter Period:
About 23 days
5. Laydays:
Commencing/Cancelling: 08 April 2026/10 April 2026.
In accordance with Part X(b) (xxvi), provide vessel’s itinerary confirming the vessel can meet the layday(s).
6. Terms/Conditions/Attachments added, deleted or modified:
Special requirements:
A. Contractor Responsibility: Pursuant to PART III (g)(6) Charterer’s Responsibility;
Contractor shall arrange for lashing/unlashing services at all ports visited under this Charter, with reimbursement for all necessary and reasonable agency fees, all reasonable costs of lashing/unlashing, and port charges in accordance with IV(n) (Port Charges and Expenses) below, II(i) (Payment) above, and IV(y) (Reimbursable Supplies and Services (Charters) below.
B. Supercargo: Pursuant to PART IV (k), a minimum of two supercargo is required for this vessel.
C. Substitution: Pursuant to PART IV (ac) Substitution; vessel substitution requests must be received no later than six weeks prior to vessel’s scheduled arrival date, unless extenuating circumstances occur (e.g., accident, mechanical problem, etc.)
D. CALL OUT and AMEND PART V (m) 1-4, 6, 7: Certificates, to also include:
1. Company Department of Transportation HAZMAT registration certificate.
2. Prior to arrival at delivery port, HAZMAT Training Certificates of vessel crewmembers who will be conducting cargo operations.
3. Upon award, Owner/Offeror will provide open and/or overdue conditions of class, statutory conditions, any short-term certificates vice full certificates with reasoning, current deficiencies per category and corrections are planned, any USCG 835’s that are outstanding, and any ABS open ISM findings and/or observations. This is to assist Military Sealift Command in determining the scope of On-hire inspection.
E. Stow Plan: Provide general arrangement or ship’s diagram showing overall vessel size and location of cranes, as well as detailed figures of the hold showing where the cargo containers are to be placed along with the dimensions from the stern of the ship and the sides of the ships to the TEUs and box’s locations, in order to be considered for the bid.
F. AMEND PART III(c)vi POSITION REPORTS to add the following:
MSC_N321A_DryCargo@us.navy.mil MSC_BWC@us.navy.mil Richard.l.preston4.civ@mail.mil Curtis.l.mcclure.civ@mail.mil Peter.bok@fe.navy.mil John.genzler@fe.navy.mil Bruce.v.leach@navy.mil mailto:MSC_N321A_DryCargo@us.navy.mil mailto:MSC_BWC@us.navy.mil mailto:Richard.l.preston4.civ@mail.mil mailto:Curtis.l.mcclure.civ@mail.mil mailto:Peter.bok@fe.navy.mil mailto:John.genzler@fe.navy.mil mailto:Bruce.v.leach@navy.mil
BREM_PSNSRadioactiveMaterialShipping@navy.mil
G. ACKNOWLEDGEMENT: Owner/Offeror shall submit a warranty that the Owner/Offeror acknowledges and will meet all requirements of the solicitation.
1. Owner/Offeror shall submit items 1A(1) and 1A(2), 5, 6D, 6E.
2. Owner/Offeror’s warranty validates acknowledgement of Items 1A (3) through (5), B (1) through (6), 2 through 4, 6A, 6B, 6C, 6F, 6G.
Full text of clauses may be accessed electronically through this/these address(es):
http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
REPLACE PART VI WITH THE FOLLOWING:
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(OCT 2025) (DEVIATION 2025-O0003/DEVIATION 2025-O0004) (MAR 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] mailto:BREM_PSNSRadioactiveMaterialShipping@navy.mil http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
XX (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub.
L. 115–390, title II).
__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
XX (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C.
6101 note).
XX (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.
657a).
XX (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.
657a).
__ (17) [Reserved]
__ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
XX (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
XX (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
XX (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
XX (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.
644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
XX (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.
13126).
__ (33) [Reserved]
__ (34) [Reserved]
XX (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
XX (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
XX (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
XX (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
XX (39) (i) 52.222-50, Combating Trafficking in Persons (OCT 2025) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
XX (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
XX (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
XX (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
XX (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
XX (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
XX (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.
chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.
chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232- 40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause) https://www.acquisition.gov/far/52.212
PART VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
Amend VII(h)(1)(C) DFARS 252.203-7003 Agency Office of the Inspector General to read, “UNCHECKED.”
PART VIII ADDITIONAL FAR AND DFARS CLAUSES; add/amend the following:
Add: (b)(61) DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (DEVIATION 2024-O0014) (AUG 2024) - CHECKED https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F52.212&data=05%7C02%7Cjordan.a.morrison5.civ%40us.navy.mil%7Ccbb5ffb2a6894e486c7408dc42a5b721%7Ce3333e00c8774b87b6ad45e942de1750%7C0%7C0%7C638458526706053530%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=wOZkMVFuQwb0c6iPKYMhtvc5zES3itJQdynIRR9FdxA%3D&reserved=0
Add: (b)(62) DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014) (AUG 2024) - CHECKED
Add: (b)(63) FAR 52.211-15 Defense Priority and Allocation Requirements. (APR 2008)
– CHECKED
Add: (b)(64) DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System.
(MAR 2023) – CHECKED
Add: (b)(65) DFARS 252.225-7005 Identification of Expenditures in the United States.
– CHECKED
Add: (b)(66) DFARS 252.225-7041 Correspondence in English. (JUN 1997) – CHECKED
Add: (b)(67) DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. (MAY 2022) – CHECKED
Add: (b)(68) DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. (JAN 2023) – CHECKED
Add: (b)(69) DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation. (JUN 2023) – CHECKED
Add: (b)(70) DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. (JUN 2023) – CHECKED
Add: (b)(71) DFARS 252.232-7008 Assignment of Claims (Overseas) (JUN 1997) – CHECKED
PART VIII(c)(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions
VIII(c)(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions
VIII(c)(6)(f)(1)(ii)(A) Not Applicable
VIII(c)(6)(f)(1)(ii)(B) Invoice 2-in-1
VIII(c)(6)(F)(3): Document routing: The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
A. Routing Data Table:
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N50082 Issue By DoDAAC N32205 Admin DoDAAC N32205 Inspect By DoDAAC N62387 Ship To Code N62387
Ship From Code Leave Blank Mark For Code Leave Blank Service Approver (DoDAAC) N62387 Service Acceptor (DoDAAC) N62387 Accept at Other DoDAAC Leave Blank LPO DoDAAC N62387 DCAA Auditor DoDAAC Leave Blank Other DoDAAC(s) Leave Blank
PART IX. ATTACHMENTS – DRY CARGO TIME CHARTER; add the following:
(b) US Department of Labor Wage Determination 2019-0288, Rev. 25
(c) DRYTIME Fuel Consumption Template
Offerors shall comply with all parts of the solicitation and shall use the guidelines set forth in Part X for submission of offers.
PART X. INSTRUCTIONS TO OFFERORS; amend or add the following:
AMEND PART X(a)(1)(h) Multiple Awards to read: “Reserved.”
PART XI. FAR 52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021) (tailored pursuant to FAR 12.302(a)) – SPOT CHARTER; amend or add the following:
PART XI(e) PRICE; amend to read as follows:
XI(e)(a) The offeror’s price proposal will be evaluated based on the value of the charter hire rate(s) offered for the entire charter period of (a) 23 days, price for fuel, and any other pricing elements set forth in the offer. For evaluation purposes, the period of performance will consist of (b) 23 days. Fuel calculations will be based upon (c) 12 days underway laden at the speed specified in the individual solicitation, using fuel consumptions provided in DRYTIME Boxes 68 and 70; (d) 00 days underway ballast at the speed specified in the individual solicitation, using fuel consumptions provided in DRYTIME Boxes 69 and 70; and (e) 11 days in port idle, using the fuel consumption provided in DRYTIME Box 71. This will represent the overall price to the Government. The proposed price must be determined to be fair and reasonable.
XI(e)(b) Add the following to the body of the already-existing paragraph:
(1) MGO/MDO: $1,188.68 per metric ton.
AMEND PART X(g) Options, to read “Reserved.”
THIS CONCLUDES THE CHANGES TO PART I, DRYTIME BOX 6 (TERMS/CONDITIONS/
ATTACHMENTS ADDED, DELETED OR MODIFIED).
SIGNED: MICHELLE JAMES, CONTRACTING OFFICER, MSC, N103A
https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113286
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