TANKVOY 2026 (02-26).pdf

MSC TANKVOY 2026 (02-26)

MILITARY SEALIFT COMMAND

TANKER VOYAGE CHARTER (TANKVOY – SPOT)

FEBRUARY 2026 (02-26)

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the

“Contract” or the “Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this

Preamble, and Parts I through IX.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through IX contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through IX shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

MSC TANKVOY 2026 (02-26) ii

LIST OF EFFECTIVE CHANGES

Description Part I - TANKVOY Boxes, TANKVOY Box 27C; changed from Official number to IMO number.

Part II has been deleted and replaced in its entirety.

Part III(k)(4)(viii) Cargo Tanks; revised to read, “Reserved.”

Part III(z), Alterations (Applicable to Tanker Security Program (TSP) Vessels Only), Part III(y) Vessel Name Release revised to read “Reserved.” Can be found in Part X(j).

Part III(cc) Owner(s) Consideration for Vessel Delay; added.

Part VI has been deleted and replaced in its entirety.

Part VII has been deleted and replaced in its entirety.

Part VIII is hereby “Reserved.”

Part X has been deleted and replaced in its entirety.

Part XI has been deleted and replaced in its entirety.

Part XII is hereby “Reserved.”

MSC TANKVOY 2026 (02-26) iii

MILITARY SEALIFT COMMAND

COMMERCIAL SERVICES ACQUISITION

TANKVOY CHARTER

TABLE OF CONTENTS

PART

I. TANKVOY BOXES

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

PRODUCTS AND COMMERCIAL SERVICES

III. TANKER VOYAGE TERMS AND CONDITIONS

IV. VOYAGE CHARTER COMMON TERMS AND CONDITIONS

V. TANKER VOYAGE ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE)

VI. FAR AND DFARS CLAUSES INCORPORATED BY REFERENCE

VII. FAR AND DFARS PROVISIONS INCORPORATED BE REFERENCE

VIII. RESERVED

IX. ATTACHMENTS

X. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

XI. FAR 52.212-2 EVALUATION–COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

XII. RESERVED

XIII. RESERVED

MSC TANKVOY 2026 (02-26) I-1

MSC TANKVOY 2026

Vessel(s):

Contractor:

Unique Entity Identifier (UEI) No.:

CAGE Code:

TIN:

PART I - TANKVOY BOXES

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

1. Vessel(s) Required: 2. Cargo Description:

3. Intended Loading Port(s)/Place(s): 4. Intended Discharging Port(s)/Place(s):

5. Route:

6. Laydays:

Commencing:

Canceling:

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

MSC TANKVOY 2026 (02-26) I-2

8. Vessel / Flag / Year Built (as defined in MARPOL 73/78): 9. Proposal Firm Until:

10. Amendments Acknowledged (amendment numbers and dates):

11. Contractor (name, address, phone, e-mail, fax):

CPARS POC, if different from above (name, email):

12. Broker (address, phone,e-mail, fax):

13. Remittance Address for Freight if other than Box 11 – no PO boxes.

For receipt by FED-X, include account no., POC and telephone no.:

14. Vessel’s Agent(s):

15. Laydays Proposed: 16. Expected Ready to Load:

Commencing:

Canceling:

17. Voyage Itinerary / Current Position / Destination / Estimated date Arrival at Load Port identified in Box 3:

18. Vessel Capacity Offered: (This box is specific to the Vessel capacity not the lift quantity of cargo offered)

Full Cargo Part Cargo Full Cargo to Apply If Neither Block Is Marked.

19a. Rates (USD) 19b. Project and Task Numbers

Expenditure CLIN Type Description

Amount Project No. Task No.

(TBD at award) 2521M Voyage Charter Freight (Lump Sum):

(TBD at award) 2521P Demurrage (Per Day Pro Rata):

20a. Vessel’s fully loaded draft (feet and inches, on assigned summer saltwater freeboard):

______________ feet __________ inches

20b. Vessel’s draft (feet and inches) on cargo identified in Box 2:

21a. Vessel’s deadweight (DWT) tonnage (on draft identified in Box 20a):

________________________ MTs

21b. Vessel’s DWT to meet port restrictions in Boxes 3 and 4:

________________________ MTs

22a. Vessel’s cargo capacity (barrels at 98% capacity exc. Slop tanks):

________________________ BBLs

22b. Vessel’s cargo capacity for intended voyage meeting all restrictions (DWT and draft):

________________________ BBLs

23. Number of cargo systems / segregation: Space Reserved

24. Vessel classification society entered and class: 25. Standard Carrier Alpha Code (SCAC):

MSC TANKVOY 2026 (02-26) I-3

26. Vessel gross-registered/net-registered tonnage:

27. Vessel Panama/Suez Canal tonnage:

27A. INMARSAT Ident. 27B. Call Letters

27C. IMO Number

28a. Vessel has IGS? ______ Yes ______ No 28b. Vessel has SBT? ______ Yes ______ No

29. Last cargo(es) and actual test results:

Certificate of Quality / Quality Certificate must be provided by the Offeror and shall become a part of this contract.

Gasoline ______ was ______ was not leaded.

Benzene ______ Yes ______ No

Dyed? ______ Yes ______ No. If Yes, how was dye applied?

30. Next to last cargo(es) and actual test results:

Certificate of Quality / Quality Certificate must be provided by the Offeror and shall become a part of this contract.

Gasoline ______ was ______ was not leaded.

Benzene ______ Yes ______ No

Dyed? ______ Yes ______ No. If Yes, how was dye applied?

31. MARAD-subsidized vessel? ______ Yes ______ No 32. Nationality of:

Master: ________________________

Officers: ________________________

Crew: __________________________

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

34. ITOPF Member (see Section II (o))? ______ Yes ______ No

35. Tank coating(s) (manufacturer’s designation required):

Of the tanks intended for government cargo, the percentage of coating intact is:

36. Cargo tanks coiled? ______ Yes ______ No

If Yes, Coil material is (describe):

37. Vessel’s LOA (feet and inches):

______________ feet __________ inches

38. Does vessel comply with the ISM Code? ______ Yes ______ No

Date Issued: _____________________________

Expiration date: __________________________

39. Vessel’s Beam (feet and inches):

40. Panama Hole / Fairlead / Chock: 41. Boom capacity:

42. Description of owned or bareboat-chartered fleet (number, type, flag, size, range) (Contract of Affreightment (COA)):

43. Description of time-chartered fleet (number, type, flag, size, range) (Contract of Affreightment (COA)):

44. Description of operated fleet (number, type, flag, size, range) (Contract of Affreightment (COA)):

45. Intended Vessel’s / cargo capacities per voyage (Contract of Affreightment (COA)):

MSC TANKVOY 2026 (02-26) I-4

SPACE FOR CONTINUATION

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

Box No. Description

MSC TANKVOY 2026 (02-26) I-5

MSC TANKVOY 2026 (02-26) I-6

MSC TANKVOY 2026 (02-26) II-1

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

AND COMMERCIAL SERVICES (DOW DEVIATION 01 FEB 26) (tailored pursuant to FAR 12.205(b))

a) Definitions. (TAILORED) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. Additional contract-specific definitions are listed in Part IV.

b) Inspection/Acceptance. (TAILORED)

1. In General. The Vessel and her hull; machinery; boilers; all holds, voids, tanks, spaces and equipment whatsoever shall be subject to Charterer's inspection as to suitability for the required service prior to acceptance of the Vessel and at any time during the period of this Charter Party. The Owner shall instruct the Vessel's Master to give every assistance so as to enable Charterer's inspector(s) properly to observe operations throughout the Vessel.

2. Charterer's Rights. If in the opinion of the Charterer's inspector a deficiency or condition renders the Vessel inadequate for the required service, the Charterer shall have the option to cancel this Charter Party at no cost to the Government or to require any necessary corrective actions at the Vessel's expense and to the Charterer's satisfaction.

3. Limitation of Charterer's Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel or which are imposed upon Owner by operation of law.

4. Cooperation of Master. The Charterer or designated representative(s) shall have the right at loading and/or discharging port(s) or place(s) to inspect the Vessel and observe operations. The Owner shall instruct the Master to give every assistance so as to enable said representative(s) to observe operations throughout the Vessel properly. Charterer’s representative(s) shall not interfere with the Vessel’s operations. Any delay to the Vessel resulting from the Charterer’s inspections shall count as laytime or, if the Vessel is on demurrage, as time on demurrage.

5. Surveyors and Consultants. Surveyors or consultants as mutually agreed may be retained under this Charter in order to facilitate fact-finding in respect of actual or potential claim actions or for inspections or surveys generally; the costs therefor shall be as mutually agreed and, if for Charterer's account, said costs shall be incurred only after prior written approval from the Contracting Officer.

c) 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

MSC TANKVOY 2026 (02-26) II-2

the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

d) 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.

e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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.

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. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

MSC TANKVOY 2026 (02-26) II-3

h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

i) Payment—

1. Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

2. Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

3. Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

4. Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

i. Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

ii. Provide a copy of the remittance and supporting documentation to the Contracting Officer.

5. Interest.

i. All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

MSC TANKVOY 2026 (02-26) II-4

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

ii. The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

iii. Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; o

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

iv. If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

v. Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

vi. The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

vii. The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

MSC TANKVOY 2026 (02-26) II-5

j) Risk of loss (TAILORED)

1. Carriage of Goods by Sea Act (COGSA). Except as otherwise specified herein, the Owner, Vessel, and Charterer in all matters arising under this Charter Party shall be entitled to the like privileges, rights, and immunities (from the time the cargo is loaded until the time it is discharged from the Vessel) as are contained in 46 U.S.C.

App. 1300-1315. However, any references in COGSA to (a) notices of loss or damage or (b) limitation-of-action periods shall not apply to this Charter Party. For purposes of this Charter Party, the term "carrier" as used in COGSA shall mean "the Owner" and the term "shipper" shall mean "the Charterer."

2. Containers. For purposes of the application of the COGSA, goods shipped in containers that are stowed on deck shall be deemed shipped under deck. With respect to the limitation of liability provisions of COGSA, a container shall be considered a single package only if bulk cargo is stored therein. For non-bulk cargo shipped in containers, the limitation of liability provisions of COGSA shall apply to each package within a container or, for non-packaged cargo, to each measurement ton of cargo within the container. See also III(r) (Deck Cargo).

3. Package Limit. Except in the case of containerized cargo, for purposes of the application of COGSA, in the case of any loss or damage to or in connection with goods exceeding an actual value $500 per package, or in the case of goods not shipped in packages, per measurement ton, the value of the goods shall be deemed to be $500 per package or per measurement ton, and the Owner's liability, if any, shall be determined on the basis of the value of $500 per package or per measurement ton, unless the nature of the goods and a valuation higher than $500 shall have been declared in this Charter Party and, in such case, if the actual value of the goods per package or per measurement ton shall exceed such declared value, the value shall nevertheless be deemed to be the declared value. Should the Charterer declare valuation higher than $500.00 per package or per measurement ton, the Charterer shall direct the Owner to obtain increased cargo legal-liability coverage on said higher-declaration cargo, with the expense of any additional premia and incurred deductibles therefor for Charterer's account.

4. Other Statutes. The Owner and the Vessel shall have the benefit of all limitations of and exemptions from liability accorded the Owner by any U.S. statute or rule of law for the time being in force (except to the extent that contract terms entitle the Government to compensation from the Contractor for the Contractor's failure to perform the requirements and obligations of this Charter or to the extent such statute or rule of law is subordinate to any statutorily mandated provision of this Charter Party by operation of law).

5. Fire. Neither the Owner nor any corporation owned by, subsidiary to, or associated or affiliated with the Owner shall be liable to answer for or make good any loss or damage to the cargo occurring at any time and even though before loading on or after discharge from the Vessel, by reason or by means of any fire whatsoever, unless such

MSC TANKVOY 2026 (02-26) II-6

fire shall be caused by its design or neglect or unless such wholly owned, subsidiary, or associated corporation serves as underwriter for the Owner and the policy between the Owner and underwriter provides coverage for such liability.

k) Taxes (TAILORED) Dues, taxes, wharfage, pilotage, towage, canal tolls, and other charges upon the Vessel, even when assessed on the quantity of cargo loaded or discharged, shall be paid by the Owner and for their account.

l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

m) Termination for cause (TAILORED)

1. The Government may terminate this Contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any Contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this Contract for default, such termination shall be deemed a termination for convenience.

2. If this Contract is terminated while the Contractor has possession of Government goods, the Contractor shall, upon direction of the Contracting Officer, protect and preserve the goods until surrendered to the Government or its agent. The Contractor and Contracting Officer shall agree on payment for the preservation and protection of the goods. Failure to agree on an amount will be a dispute under the Disputes clause.

3. The rights and remedies of the Government herein are in addition to any other rights and remedies provided by law or under this Contract.

n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

MSC TANKVOY 2026 (02-26) II-7

o) Warranty. (TAILORED)

1. General. The Owner warrants that, from the time when the obligation to proceed to the loading port(s) or place(s) attaches, and thereafter during the currency of this Charter Party, the Vessel shall be in full compliance with the specifications herein in addition to all other requirements of this Charter Party. The Vessel's cargo capacity, pumping capacity, position, insurance coverages, and other particulars as set forth in this Charter Party are warranties by the Owner. Should the Vessel fail to satisfy one or more of such warranties or other warranties contained in this section not due to the fault of the Charterer, the freight may be equitably decreased so as to return the Charterer to a position equivalent to that had the warranty not been breached, this Charter Party otherwise to remain unaffected; alternatively, this Charter Party may in such case be terminated at Charterer's option pursuant to II(m) (Termination for Cause) above.

2. Condition. The Owner warrants that, before and at the commencement of the voyage(s) hereunder, it shall exercise due diligence to ensure that the Vessel and her hull, machinery, gear, runners, boilers, holds, and other equipment are fully functional and in good working order and condition, and that the Vessel is in every way seaworthy, tight, staunch, strong, and fit to carry and preserve the cargo identified in Box 2 and to perform the voyage(s) required hereunder.

3. Regulatory Compliance. The Owner warrants that the Vessel shall be in full compliance with the International Safety Guide for Oil Tankers and Terminals, all applicable international conventions; and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel will be ordered under this Charter Party; and of any terminals or facilities in said port(s) and/or place(s);

and of any classification society in which the Vessel is entered. The Vessel shall be delivered and maintained in the highest class of a recognized classification society and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable IMO regulations. The Owner warrants that the Vessel shall be entered with the International Tanker Owners Pollution Federation Limited (ITOPF) for the duration of this Charter. The Owner further warrants that the Vessel shall have on board during the currency of this Charter Party all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements.

4. Complement. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in operation of all of the Vessel's equipment and possessing valid and current certificates/documents issued or approved by the country of the Vessel's registry. The Owner further warrants that the Master and those Officers charged with cargo and/or bunker oil handling shall be proficient with conversational English

MSC TANKVOY 2026 (02-26) II-8

5. Port Restrictions. If particular ports or places are identified in Boxes 3, 4 and 5, the Owner warrants that a vessel of the type, tonnage, and configuration of the Vessel identified in Box 8, laden as contemplated herein, shall be able to approach, lie at, and depart from said ports or places (if safe) always afloat. Any data supplied by the Charterer in any RFP or this Charter Party respecting any port conditions or restrictions are provided for informational purposes and are not warranted to be complete or accurate. Compliance with any additional and/or conflicting conditions or restrictions shall be the Owner's responsibility.

6. Communications/Navigation Equipment. Vessel shall be equipped with all navigation equipment required by USCG or flag state (if non-US Flag) as appropriate and in full compliance with all international requirements and regulations. Vessel must also have INMARSAT, facsimile and email capability and, if not included elsewhere, contractor shall provide contact numbers for same on award.

7. Tanks. The Owner warrants that the Vessel's cargo tanks shall be acceptable to receive the cargo identified in Box 2.

8. Age of Vessel. Owner warrants vessel’s age will be less than 20 years for the duration of the charter. Vessels that will exceed 15 years during the charter period shall be enrolled in their classification society’s Condition Assessment Program (CAP) and be rated CAP 2 or better before commencement of vessel’s (15th) year.

Any charges incurred for performance under the contract, solely due to the vessel’s age, shall be for the owner’s account.

9. Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

p) Limitation of Liability. Except as otherwise provided by an express warranty, the

Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

r) Order of precedence (TAILORED)

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Information set forth in the Boxes (Part 1);

(2) Paragraphs (c), (e), (g), (i), and (q) of FAR 52.212-4 (as tailored).

MSC TANKVOY 2026 (02-26) II-9

(3) Any remaining addenda or portions thereof within this solicitation or Contract.

(4) The Standard Form 1449.

(5) Solicitation provisions if this is a solicitation.

(6) Other documents, exhibits, and attachments.

s) Unauthorized obligations.

1. Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

i. Any such clause is unenforceable against the Government.

ii. Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

iii. Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

2. Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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 part 4, longer period required by statute, or periods specified in 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

MSC TANKVOY 2026 (02-26) II-10

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 clause 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.

u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

MSC TANKVOY 2026 (02-26) III-1

PART III. TANKER VOYAGE TERMS AND CONDITIONS

(addendum to FAR 52.212-4)

(a) FREIGHT

(1) Rate. Freight shall be as stipulated in Box 19a.

(2) When Earned. Freight shall be considered earned after right and true delivery of the cargo at the discharging port(s) or place(s). For purposes of payment of freight, delivery of cargo at destination shall be established either by a copy of the DD Form 250-1, signed by the Charterer's Receiving Agent, or upon certification of delivery by the Contracting Officer based on information available to him or her.

(3) Withholding. Upon delivery, if there is any damage to or shortage of cargo not definitely known to be the fault of the Charterer or its agents and if it is considered by the Contracting Officer that withholding of certain monies is necessary to protect the interests of the Charterer pending final determination of the amount of shortage or damage and the Owner's liability therefor, the dollar amount of such shortage or damage may be estimated and withheld from any monies owing to the Owner by the Charterer.

No deduction shall be made for water and/or sediment contained in the cargo; however, this shall not waive any rights of the Charterer for damages, including freight, as a result of contamination caused by the error or fault of the Owner.

(b) OVERAGE

(1) In the event Charterer furnishes and Owner loads cargo in excess of the maximum cargo quantity identified in Box 2, an overage rate shall be developed by dividing the lump sum rate in Box 19a by the cargo amount. One third the resultant per unit rate shall be payable on such excess quantity.

(2) This section not to apply if a full cargo is stipulated in Box 18. Should a full cargo be agreed, Charterer shall be entitled to load the Vessel full at no additional cost.

(c) RESERVED

(d) DEMURRAGE

(1) Rate. Demurrage shall be payable at the rate stipulated in Box 19a per day of twenty-four (24) running hours, and pro rata in 6-minute increments (limited to whole cents) for part thereof.

(2) When Earned. The Charterer shall pay demurrage per running hour (and pro rata for any part thereof) for all time by which allowed laytime identified in III(k) (Laytime/ Demurrage) below is exceeded by the time taken for loading and discharging and for all other Charterer's purposes and which under this Charter Party counts as laytime or time on demurrage. However, demurrage incurred as a consequence of any of the following

MSC TANKVOY 2026 (02-26) III-2

conditions shall be payable at one-half the applicable demurrage rate, irrespective of whether the following conditions coincide with any period held elsewhere in this Charter Party to constitute laytime:

(i) Delays by weather and/or sea conditions, except delays by ice. For ice see IV(b).

For purposes III(d), weather and/or sea conditions shall include, but not be limited to, lightning, storm, wind, waves or swells.

(ii) Delays at loading or discharging ports in or about the plant of the supplier or receiver (and not addressed at III(k)(3) herein) by fire, explosion, labor dispute, labor disruption, strike, go slow, lockout, stoppage, restraint of labor or breakdown of machinery or equipment.

(3) Invoices. Any claim for demurrage shall be delivered with supporting documents, including DD Form 250-1, not later than 120 days after the completion of final discharging hereunder, failing which Charterer to be discharged from any and all liability in respect thereof. Supporting documents shall be submitted to the Contracting Officer for approval prior to submission of demurrage invoices. After receiving Contracting Officer's concurrence, Owner may submit demurrage invoices (with the DD Form 250-1) to the Paying Office identified in Box 18a of SF 1449.

(4) Documentation. In the event of demurrage, all supporting documents as identified in the invoicing clause shall be submitted to the Contracting Officer for approval prior to submission of demurrage invoices. After receiving the Contracting Officer's concurrence, Owner may submit demurrage invoices to the office identified in Box 18a of SF 1449.

(e) RESERVED

(f) CARGO

As ordered by Charterer, Owner shall load up to a full and complete cargo not exceeding what she can reasonably stow and carry over and above her bunker fuel, water, tackle, apparel, furniture, and stores (sufficient space to be left in the tanks to provide for the expansion of cargo), and in any case not in excess of the quantity permitted by the minimum permissible freeboard for the voyage always consistent with the discharging port(s)/place(s).

No part cargo shall be loaded by other than the Charterer unless specifically agreed in this Charter Party.

(g) NON-GOVERNMENT CARGO

Loading and discharging of other than Government part cargo(es) during the currency of this

Charter, and itineraries therefor, shall be subject to the prior written approval of the Contracting Officer. Any delays or shifting expenses resulting from other than the carriage of Government cargo shall be for the Owner’s account. Any non-Government cargo loaded shall in no way be detrimental to the cargo identified in Box 2.

MSC TANKVOY 2026 (02-26) III-3

(h) RESERVED

(i) PORTS

(1) Voyage. Unless otherwise agreed, the Vessel shall proceed with utmost dispatch to those loading port(s) or place(s) ordered by the Charterer in accordance with Box 3 (or so near thereto as she may safely get and lie always afloat) and there load the cargo identified in Box 2. Upon completion of loading and signing of the Tanker/Barge Material Inspection and Receiving Report (DD Form 250-1), the Vessel shall proceed with utmost dispatch to those port(s) or place(s) ordered by Charterer in accordance with Box 4 (or so near thereto as she may safely get and lie always afloat) and there discharge said cargo.

Unless loading and/or discharging berths are specifically identified in Boxes 3 and 4, the responsibility for providing safe ports lies with the Charterer.

(2) Nomination. Should Boxes 3 or 4 permit Charterer to order the Vessel to load and/or discharge at one or more ports or places out of two or more ports or places named, or within a named range, the Charterer shall nominate loading and discharging port(s) and place(s) in sufficient time to avoid delay to the Vessel. However, the Charterer may at any time change said nominations and nominate new port(s) or place(s) whether or not within the range or rotation of the port(s) or place(s) previously nominated, always consistent with Boxes 3 and 4. Should any such change of voyage orders be made, any time by which the steaming time to the port(s) or place(s) to which the Vessel is finally ordered exceeds the steaming time which would have elapsed had the Vessel been ordered to such port(s) or place(s) immediately upon sailing therefor shall count as laytime or, if the Vessel is on demurrage, as time on demurrage (less the value of the Vessel's in-port bunker consumption for the period of such excess time). In addition, the Charterer shall reimburse the Owner the cost of any extra fuel consumed as a consequence of such excess time (at the market price where and when bunkers are next taken), but only upon such certification and verification as are required at IV(l) (Reimbursable Supplies and Services (Charters)).

(3) Routing/Speed Orders. Should the Charterer issue routing instructions or orders to reduce speed, or should a military escort be agreed, any additional steaming time which results from said instructions, orders, or escort shall count as laytime or, if the Vessel is on demurrage, as time on demurrage. In addition, the Charterer shall reimburse the Owner the cost of any extra fuel consumed as a consequence of any of Charterer's routing instructions (at the market price where and when bunkers are next taken after issuance of said instructions or orders) (less the value of the Vessel's in-port bunker consumption for the period of such excess time) upon such verification as required at IV(l) (Reimbursable Supplies and Services (Charter)).

(4) Shifting

(i) The Charterer shall have the right to shift the Vessel at loading and discharging ports from one berth to another or from a berth to an anchorage once or more often.

Except as otherwise provided, the Owner shall be reimbursed the costs of towage, MSC TANKVOY 2026 (02-26) III-4 pilotage, running lines on arrival at and upon leaving the berth, and wharfage, dockage, agency fees, customs fees, overtime, and other port charges and expenses properly incurred and payable as a consequence of Charterer's shifting of the Vessel. Furthermore, except as otherwise provided, time lost to the Vessel as a consequence of Charterer's shifting shall count as laytime or, if the Vessel is on demurrage, as time on demurrage less the value of the Vessel's in-port bunker consumption for the period of such lost time. Furthermore, except as otherwise provided, the Charterer shall reimburse the Owner for the cost of any extra fuel consumed as a consequence of Charterer's shifting (at the market price where and when bunkers are next taken after such shifting occurs).

(ii) Notwithstanding the foregoing, no amounts shall be payable by the Charterer under this Paragraph if said shifts are identified in Boxes 3 or 4. Further notwithstanding the foregoing, any amounts payable by Charterer under this Paragraph shall be subject to such certification and verification as are required at IV(l) (Reimbursable Supplies and Services (Charters)). Further notwithstanding the foregoing, Charterer shall in no case reimburse the Owner for pilotage paid to any Master, Officer, or crew of the Vessel.

(5) Rotation. Should Boxes 3 or 4 permit Charterer to order Vessel to load and/or discharge at one or more ports or places out of two or more ports or places named, or within a named range, the rotation of ports shall be at Charterer's option.

(6) Lightening. Provided not on account of any insufficiency of the Vessel, any lightening necessary at port(s) or place(s) of discharge to enable the Vessel to reach her discharging berth(s) shall be at Charterer's risk and expense, with time counting as laytime or, if the Vessel is on demurrage, as time on demurrage.

(7) Seaworthy Trim. Should Boxes 3 or 4 permit Charterer to order the Vessel to load or discharge at more than one loading and/or discharging port or place, the Vessel is to be left in seaworthy trim to the Master's satisfaction for the passage between said ports or places, at Charterer's expense and with time so spent counting as laytime or, if the Vessel is on demurrage, as time on demurrage.

(j) NOTICE OF READINESS

(1) In Berth. When the Vessel has arrived in the ordered berth at each loading or discharging port or place and is in all respects ready to load or discharge in accordance with this Charter, a notice of readiness shall be tendered during Office Hours (0600 – 1800 local time unless previously agreed to in writing) SSHINC to the Charterer's representative by the Master or Owner's agent by letter, electronic-mail, radio, or telephone. An oral notice shall be confirmed promptly in writing.

(2) Out of Berth. Should a berth be either unavailable or not designated upon the Vessel's arrival in all respects ready to load/discharge at an ordered port or place, a notice of readiness may be tendered upon arrival at a usual waiting place at or off the port/place

MSC TANKVOY 2026 (02-26) III-5

ordered. Notwithstanding, should the Vessel be prevented from proceeding to berth by weather, tidal conditions, or mandatory regulations, notice of readiness may be tendered as above only when such hindrance(s) has (have) ceased.

(k) LAYTIME/DEMURRAGE

(1) Commencement/Resumption. Except in case of lighterage, laytime shall commence or resume upon the expiration of six running hours after tender of notice of readiness (Vessel in or out of berth) or immediately upon Vessel's arrival in berth (i.e., finished mooring at a sea-loading or discharging terminal or all fast alongside a wharf), whichever first occurs. Laytime shall thus commence whether the tender of notice or arrival in berth occurs within or outside of usual business hours and whether the Vessel has ballast water or slops in her tanks. Laytime shall not commence before 0600 hours local time on the commencing date identified in Box 6 unless the Charterer shall consent, in which case laytime shall commence upon the Vessel's arrival in berth. Whether or not laytime has expired, laytime at each port or place of loading or discharging shall not commence until the expiration of six running hours after tender of notice of readiness or until Vessel's arrival in berth, whichever first occurs, at each port or place of loading or discharging.

(2) Duration. Laytime of ninety-six (96) hours total, unless a different laytime is identified in Box 7, shall be permitted free of expense to the Charterer for the purposes of loading and discharging cargo and for all other Charterer's purposes. Said laytime shall continue until all cargo hoses have been completely disconnected at the termination of the loading or discharging operation. The Vessel shall have the right to sail from any loading or discharging port immediately upon said disconnection of cargo hoses at the termination of loading or discharging, whether or not laytime has expired, except when ordered by Charterer to remain for Charterer's purposes, to include surveys, inspections, investigations, determinations, cargo analysis, or awaiting cargo documents. If the Vessel is delayed in excess of three hours after disconnection of cargo hoses solely for Charterer's purposes, laytime or, if the Vessel is on demurrage, time on demurrage shall be deemed to have continued without interruption from the disconnection of the cargo hoses until the termination of such delay. For purposes of inspection, Charterer may require breaking of the inert gas seal in accordance with the most recent Inert Gas Systems for Oil Tankers publication issued by the IMO; should said inspections not be necessitated by any fault of the Owner or insufficiency of the Vessel, time consumed until the Vessel is reinerted to count as laytime or, if Vessel is on demurrage, as time on demurrage. However, if Owner is required to present gas free, time taken to inert the cargo tanks after Charterer’s inspection and acceptance, shall not count as laytime, or if the Vessel is on demurrage, as time on demurrage.

(3) Exclusions. Notwithstanding any other provision of this Charter Party to the contrary, time shall not count as laytime or, if the Vessel is on demurrage, as time on demurrage, if such time is spent or lost as a consequence of:

(i) The breach of any of Owner's warranties contained in this Charter Party and not due to the fault of the Charterer or any other breakdown, inefficiency, overflows, or any

MSC TANKVOY 2026 (02-26) III-6

other condition whatsoever preventing the fitness of the Vessel for the service contemplated and not due to the fault of the Charterer. For pumping delays, see III(r ) (Pumping) below.

(ii) Any negligence, deficiency, and/or default whatsoever affecting the working of the

Vessel by the Owner, Master, Officers, crew of the Vessel, tugs, or pilots, including any labor dispute, labor disruption, strike, go slow, lockout, stoppage, or restraint of labor of the Master, Officers, crew of the Vessel, tugs, or pilots.

(iii) The Owner or port authority prohibiting loading or discharging; however, if

Charterer, shipper, consignee, or port authorities prohibit loading or discharging at night, time so lost to count as laytime or, if the Vessel is on demurrage, as time on demurrage. For inspection delays, see II(a).

(iv) Local law, regulations, or intervention by local authorities; however, port delays or closures due to weather and/or sea conditions to count as laytime or, if the Vessel is on demurrage, as time on demurrage, as provided in Paragraph (2) above. For quarantine, see IV(c) herein. For certain terminal delays, see Paragraph (2) above.

(v) Ballasting, deballasting, cleaning of tanks, pumps, or pipelines, and bunkering;

however, should any of said procedures be carried out concurrently with loading or discharging operations with no time lost thereby, time so concurrently spent to count as laytime or, if the Vessel is on demurrage, as time on demurrage. For clearing pipelines with water, see III(q) (Pumping In and Out Hoses) herein.

(vi) Escape or discharge of oil or other pollutants from the Vessel or the threat thereof.

For oil pollution cleanup measures, see III(v) (Oil Pollution Avoidance) herein.

(vii) Moving from a waiting place (even if lightening has occurred there) on an inward passage to the nominated loading or discharging port or place.