RFP_N62487-15-R-5420_TankTime_2013_Rev_1.docx
DOCX document 325 KB Posted
- Solicitation number
- N62387-15-R-5420
About this file
TANKER TIME CHARTER RFP
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Amendment_0002_Remove_Classified_Requirement.doc | DOC document | |
| 15-R-5420_Qand_A_0001.docx | DOCX document | |
| Amendment_0001_Change_Closing_Time_and_Date_RFP.doc | DOC document | |
| SF_1449_FOR_RFP_15-R-5420.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
MILITARY SEALIFT COMMAND
TANKER TIME CHARTER (TANKTIME)
UNDER FAR PART 12
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.
N62387-15-R-5420
I-2
MILITARY SEALIFT COMMAND
COMMERCIAL ITEM ACQUISITION
TANKER TIME CHARTER
TABLE OF CONTENTS
Part Page No.
I. TANKTIME BOXES I-1 – I-7
| II. | FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – | |
| COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) | II-1 – II-13 |
| (a) | Inspection (tailored) | II-1 | ||
| (b) | Assignment | II-3 | ||
| (c) | Changes (tailored) | II-3 | ||
| (d) | Disputes | II-3 | ||
| (e) | Definitions(tailored) | II-3 | ||
| (f) | Excusable delays (tailored) | II-4 | ||
| (g) | Invoice | II-4 | ||
| (h) | Patent Indemnity | II-5 | ||
| (i) | Payment | II-5 | ||
| (j) | Risk of loss (tailored) | II-7 | ||
| (k) | Taxes (tailored) | II-7 | ||
| (l) | Termination for the Government's Convenience | II-7 | ||
| (m) | Termination for Cause (tailored) | II-8 | ||
| (n) | Title | II-8 | ||
| (o) | Warranty (tailored) | II-8 | ||
| (p) | Limitation of Liability | II-10 | ||
| (q) | Other Compliances | II-11 | ||
| (r) | Compliance with Laws Unique to Government Contracts | II-11 | ||
| (s) | Order of Precedence (tailored) | II-11 | ||
| (t) | System for Award Management (SAM) | II-11 | ||
| (u) | Unauthorized Obligations | II-12 |
| III. | TANKER TIME TERMS AND CONDITIONS (Addendum to | |
| FAR 52.212-4) | III-1 – III-7 |
| (a) | Charter Hire | III-1 | |||
| (b) | Mission | III-1 | |||
| (c) | Reporting Requirements | III-1 | |||
| (d) | Crew | III-2 | |||
| (e) | MARAD Construction Differential Subsidy (CDS) | III-3 | |||
| (f) | Cargo Receipt | III-3 | |||
| (g) | Loading and Discharging | III-3 | |||
| (h) | Oil Pollution Spill | III-5 | |||
| Part | Page No. |
| (i) | Safety in Loading and Discharging Cargo | III-5 |
| (j) | Deck Cargo | III-5 |
| (k) | Description of Vessel | III-5 |
| IV. | TIME CHARTER COMMON TERMS AND CONDITIONS | |
| (Addendum to FAR 52.212-4) | IV-1 – IV-30 |
| (a) | General Definitions | IV-1 | |||
| (b) | Delivery | IV-9 | |||
| (c) | Redelivery | IV-9 | |||
| (d) | Ports/Places | IV-9 | |||
| (e) | Charter Period | IV-10 | |||
| (f) | Drydock | IV-10 | |||
| (g) | Insurance | IV-11 | |||
| (h) | War | IV-11 | |||
| (i) | Readiness | IV-13 | |||
| (j) | Off-Hire | IV-13 | |||
| (k) | Supercargo and Government Designated Representatives | IV-14 | |||
| (l) | Time Lost | IV-15 | |||
| (m) | Negligence of Pilots | IV-15 | |||
| (n) | Port Charges and Expenses | IV-15 | |||
| (o) | Owner’s Obligation | IV-16 | |||
| (p) | Fuel | IV-16 | |||
| (q) | Reduced Operational Status (Layup) | IV-18 | |||
| (r) | Waiver of Claims | IV-19 | |||
| (s) | Charter Not a Demise | IV-19 | |||
| (t) | Subcharter | IV-19 | |||
| (u) | General Average | IV-19 | |||
| (v) | Salvage | IV-20 | |||
| (w) | Limitations | IV-20 | |||
| (x) | Alterations | IV-20 | |||
| (y) | Reimbursable Supplies and Services (Charters) | IV-21 | |||
| (z) | Standards of Appearance | IV-23 | |||
| (aa) | Savings | IV-23 | |||
| (ab) | Law Governing | IV-23 | |||
| (ac) | Substitution | IV-23 | |||
| (ad) | MSC Shipboard Antiterrorism /Force Protection Measures | IV-23 | |||
| (ae) | Payment | IV-25 | |||
| (af) | Special Requirements | IV-25 | |||
| (ag) | Statutory Employee | IV-25 | |||
| (ah) | In-Transit Visibility | IV-26 | |||
| (ai) | Security Threat | IV-26 | |||
| (aj) | Immunizations (U.S.-flag Only) | IV-26 | |||
| (ak) | Changes Applicable to Foreign Flag Awards Only | IV-27 | |||
| Part | Page No. |
| (al) | Investigations | IV-27 | |
| (am) | Military Extraterritorial Jurisdiction Act | IV-27 | |
| (an) | Crew List | IV-28 | |
| (ao) | Bonuses | IV-29 | |
| (ap) | No-Cost Cancellation | IV-29 |
| V. | TANKER TIME ADDITIONAL CONTRACT REQUIREMENTS | |
| (AS APPLICABLE) (Addendum to FAR 52.212-4) | V-1 – V-8 |
(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)
| (a) | Security Clearance | V-1 | |
| (b) | Communications Equipment | V-1 | |
| (c) | Navigational Equipment | V-1 | |
| (d) | Fuel Monitoring | V-2 | |
| (e) | Time Charter War Risk Coverage | V-2 | |
| (f) | Automated External Defibrillator (AED) | V-3 | |
| (g) | Stack Colors | V-3 | |
| (h) | Crew Appearance | V-4 | |
| (i) | Reserved | V-4 | |
| (j) | Both to Blame | V-4 | |
| (k) | Tugs and Barges | V-4 | |
| (l) | Contractor Security (CS) | V-4 |
| VI. | FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED | |
| TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-- | ||
| COMMERCIAL ITEMS | VI-1 – VI-6 |
| (a) | Required | |||
| (1) | FAR 52.222-50 Combating Trafficking in Persons | VI-1 | ||
| With Alternate I | VI-1 | |||
| (2) | FAR 52.233-3 Protest After Award | VI-1 | ||
| (3) | FAR 52.233-4 Applicable Law for Breach of Contract Claim | VI-1 | ||
| (b) | Required by Contracting Officer as Applicable | |||
| (1) | FAR 52.203-6 Restrictions on Subcontractor Sales to the | |||
| Government with Alternate I | VI-1 | |||
| (2) | 52.203-13 Contractor Code of Business Ethics and Conduct | VI-1 | ||
| (3) | FAR 52.203-15 Whistleblower Protections under the American | |||
| Recovery and Reinvestment Act of 2009 | VI-1 | |||
| (4) | FAR 52.204-10 Reporting Executive Compensation and First- | |||
| Tier Subcontract Awards | VI-1 | |||
| (5) | FAR 52.204-11 American Recovery and Reinvestment Act – | |||
| Reporting Requirements | VI-1 | |||
| Part | Page No. |
| (6) | FAR 52.209-6 Protecting the Government’s Interest When | |||
| Subcontracting with Contractors Debarred, Suspended, or | ||||
| Proposed for Debarment | VI-1 | |||
| (7) | FAR 52.209-9 Updates of Publicly Available Information | |||
| Regarding Responsibility Matters | VI-1 | |||
| (8) | FAR 52.209-10 Prohibition on Contracting with Inverted | |||
| Domestic Corporations | VI-1 | |||
| (9) | FAR 52.219-3 Notice of HUBZone Set-Aside or Sole- | |||
| Source Award | VI-1 | |||
| (10) | FAR 52.219-4 Notice of Price Evaluation Preference for | |||
| HUBZone Small Business Concerns | VI-1 | |||
| (11) | Reserved | VI-1 | ||
| (12) | (i) FAR 52.219-6 Notice of Total Small Business Set-Aside | VI-2 | ||
| (ii)Alternate I | VI-2 | |||
| (iii) Alternate II | VI-2 | |||
| (13) | (i) FAR 52.219-7 Notice of Partial Small Business Set-Aside | VI-2 | ||
| (ii) Alternate I | VI-2 | |||
| (iii) Alternate II | VI-2 | |||
| (14) | FAR 52.219-8 Utilization of Small Business Concerns | VI-2 | ||
| (15) | (i) FAR 52.219-9 Small Business Subcontracting Plan | VI-2 | ||
| (ii) Alternate I | VI-2 | |||
| (iii) Alternate II | VI-2 | |||
| (iv) Alternate III | VI-2 | |||
| (16) | FAR 52.219-13 Notice of Set-Aside of Orders | VI-2 | ||
| (17) | FAR 52.219-14 Limitations on Subcontracting | VI-2 | ||
| (18) | FAR 52.219-16 Liquidated Damages – Subcontracting Plan | VI-2 | ||
| (19) | (i) FAR 52.219-23, Notice of Price Evaluation Adjustment for | |||
| Small Disadvantaged Business Concerns | VI-2 | |||
| (ii) Alternate I | VI-2 | |||
| (20) | FAR 52.219-25, Small Disadvantaged Business Participation | |||
| Program – Disadvantaged Status and Reporting | VI-2 | |||
| (21) | FAR 52.219-26, Small Disadvantaged Business Participation | |||
| Program – Incentive Subcontracting | VI-2 | |||
| (22) | FAR 52.219-27 Notice of Service-Disabled Veteran-Owned | |||
| Small Business Set-Aside | VI-2 | |||
| (23) | FAR 52.219-28 Protest Award Small Business Program | |||
| Rerepresentation | VI-2 | |||
| (24) | FAR 52.219-29 Notice of Set-Aside for Economically | |||
| Disadvantaged Women-Owned Small Business (EDWOSB) | ||||
| Concerns | VI-2 | |||
| (25) | FAR 52.219-30 Notice of Set-Aside for Women-Owned | |||
| Small Business (WOSB) Concerns Eligible Under the WOSB | ||||
| Program | VI-2 | |||
| (26) | FAR 52.222-3 Convict Labor | VI-2 | ||
| Part | Page No. |
| (27) | FAR 52.222-19 Child Labor – Cooperation with Authorities | |||
| and Remedies | VI-2 | |||
| (28) | FAR 52.222-21 Prohibition of Segregated Facilities | VI-2 | ||
| (29) | FAR 52.222-26 Equal Opportunity | VI-2 | ||
| (30) | FAR 52.222-35 Equal Opportunity for Veterans | VI-2 | ||
| (31) | FAR 52.222-36 Affirmative Action for Workers with Disabilities | VI-2 | ||
| (32) | FAR 52.222-37 Employment Reports on Veterans | VI-2 | ||
| (33) | FAR 52.222-40 Notification of Employee Rights Under the | |||
| National Labor Relations Act | VI-3 | |||
| (34) | FAR 52.222-54 Employment Eligibility Verification | VI-3 | ||
| (35) | (i) FAR 52.223-9 Estimate of Percentage of Recovered Material | |||
| Content for EPA-Designated Items | VI-3 | |||
| (ii) Alternate I | VI-3 | |||
| (36) | FAR 52.223-15 Energy Efficiency in Energy-Consuming Products | VI-3 | ||
| (37) | (i) FAR 52.223-16 IEEE 1680 Standard for the Environmental | |||
| Assessment of Personal Computer Products | VI-3 | |||
| (ii) Alternate I | VI-3 | |||
| (38) | FAR 52.223-18 Encouraging Contractor Policies to Ban Text | |||
| Messaging While Driving | VI-3 | |||
| (39) | FAR 52.225-1 Buy American Act—Supplies | VI-3 | ||
| (40) | (i) FAR 52.225-3 Buy American Act—Free Trade Agreements— | |||
| Israeli Trade Act | VI-3 | |||
| (ii) Alternate I | VI-3 | |||
| (iii) Alternate II | VI-3 | |||
| (iv) Alternate III | VI-3 | |||
| (41) | FAR 52.225-5 Trade Agreements | VI-3 | ||
| (42) | FAR 52.225-13 Restrictions on Certain Foreign Purchases | VI-3 | ||
| (43) | FAR 52.225-26 Contractors Performing Private Security Functions | |||
| Outside the United States | VI-3 | |||
| (44) | FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside | VI-3 | ||
| (45) | FAR 52.226-5 Restrictions on Subcontracting Outside Disaster | |||
| or Emergency Area | VI-3 | |||
| (46) | FAR 52.232-29 Terms for Financing of Purchases of Commercial | |||
| Items | VI-3 | |||
| (47) | FAR 52.232-30 Installation Payments for Commercial Items | VI-3 | ||
| (48) | FAR 52.232-33 Payment by Electronic Funds Transfer – System | |||
| for Award Management | VI-3 | |||
| (49) | FAR 52.232-34 Payment by Electronic Funds Transfer – Other | |||
| Than System for Award Management | VI-3 | |||
| (50) | FAR 52.232-36 Payment by Third Party | VI-4 | ||
| (51) | FAR 52.239-1 Privacy or Security Safeguards | VI-4 | ||
| (52) | (i) FAR 52.247-64 Preference for Privately Owned U.S.-Flag | |||
| Commercial Vessels | VI-4 | |||
| (ii) Alternate I | VI-4 | |||
| Part | Page No. |
| (c) | Required by Contracting Officer as Applicable to Services | ||
| (1) | FAR 52.222-41 Service Contract Act of 1965 | VI-4 | |
| (2) | FAR 52.222-42 Statement of Equivalent Rates for Federal Hires | VI-4 | |
| (3) | FAR 52.222-43 Fair Labor Standards Act and Service Contract | ||
| Act--Price Adjustment (Multiple Year and Option Contracts) | VI-4 | ||
| (4) | FAR 52.222-44 Fair Labor Standards Act and Service Contract | ||
| Act--Price Adjustment | VI-4 | ||
| (5) | FAR 52.222-51 Exemption from Application of the Service | ||
| Contract Act to Contracts for Maintenance, Calibration, or Repair | |||
| of Certain Equipment--Requirements | VI-4 | ||
| (6) | FAR 52.222-53 Exemption from Application of the Service | ||
| Contract Act to Contracts for Certain Services--Requirements | VI-4 | ||
| (7) | FAR 52.222-17 Nondisplacement of Qualified Workers | VI-4 | |
| (8) | FAR 52.226-6 Promoting Excess Food Donation to Nonprofit | ||
| Organizations | VI-4 | ||
| (9) | FAR 52.237-11 Accepting and Dispensing of $1 Coin | VI-4 | |
| (d) | Comptroller General Examination of Record | VI-4 | |
| (e) | Flowdown Subcontractor | ||
| (i) | FAR 52.203-13 Contractor Code of Business Ethics and Conduct | VI-5 | |
| (ii) | FAR 52.219-8 Utilization of Small Business Concerns | VI-5 | |
| (iii) | FAR 52.222-17 Nondisplacement of Qualified Workers | VI-5 | |
| (iv) | FAR 52.222-26 Equal Opportunity | VI-5 | |
| (v) | FAR 52.222-35 Equal Opportunity for Veterans | VI-5 | |
| (vi) | FAR 52.222-36 Affirmative Action for Workers with Disabilities | VI-5 | |
| (vii) | FAR 52.222-40 Notification of Employee Rights Under the | ||
| National Labor Relations Act | VI-5 | ||
| (viii) | FAR 52.222-41 Service Contract Act of 1965 | VI-5 | |
| (ix) | FAR 52.222-50 Combating Trafficking in Persons | VI-5 | |
| With Alternate I | VI-5 | ||
| (x) | FAR 52.222-51 Exemption from Application of the Service | ||
| Contract Act to Contracts for Maintenance, Calibration, or Repair of | |||
| Certain Equipment--Requirements | VI-5 | ||
| (xi) | FAR 52.222-53 Exemption from Application of the Service | ||
| Contract Act to Contracts for Certain Services--Requirements | VI-5 | ||
| (xii) | FAR 52.222-54 Employment Eligibility Verification | VI-5 | |
| (xiii) | FAR 55.2225-26 Contractors Performing Private Security Functions | ||
| Outside the United States | VI-5 | ||
| (xiv) | FAR 52.226-6 Promoting Excess Food Donation to Nonprofit | ||
| Organizations | VI-6 | ||
| (xv) | FAR 52.247-64 Preference for Privately Owned U.S.-Flagged | ||
| Commercial Vessels | VI-6 |
Part Page No.
| VII. | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT | |
| STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE | ||
| ACQUISITIONS OF COMMERCIAL ITEMS | VII-1 – VII-3 |
| (a) | Required | |||
| (1) | DFARS 252.203-7000 Requirements Relating to Compensation of | |||
| Former DoD Officials | VII-1 | |||
| (2) | DFARS 252.227-7015 Technical Data – Commercial Items | VII-1 | ||
| (3) | DFARS 252.227-7037 Validation of Restrictive Markings on | |||
| Technical Data | VII-1 | |||
| (4) | DFARS 252.237-7010 Prohibition on Interrogation of Detainees | |||
| by Contractor Personnel | VII-1 | |||
| (b) | Required for Contracts Greater than $1,000,000.00 | |||
| (1) | DFARS 252.205-7000 Provision of Information to Cooperative | |||
| Agreement Holders | VII-1 | |||
| (c) | Required for Contracts Greater than $500,000.00 | |||
| (1) | DFARS 252.226-7001 Utilization of Indian Organizations, | |||
| Indian-Owned Economic Enterprises, and Native Hawaiian Small | ||||
| Business Concerns | VII-1 | |||
| (d) | Required for Contracts that Exceed the Simplified Acquisition Threshold | |||
| (1) | DFARS 252.225-7012 Preference for Certain Domestic | |||
| Commodities | VII-1 | |||
| (2) | DFARS 252.243-7002 Requests for Equitable Adjustment | VII-1 | ||
| (e) | Required for Contracts Awarded to U.S. Vendors | |||
| (1) | DFARS 252.232-7003 Electronic Submission of Payment Requests | |||
| and Receiving Reports | VII-1 | |||
| (f) | Required for Contracts Awarded to U.S. Flag Vessel | |||
| (1) | DFARS 252.247-7027 Riding Gang Member Requirements | VII-1 | ||
| (g) | Required for Contracts where Offeror provided Negative Response to | |||
| 252.247-7022 Representation of Extent of Transportation by Sea | ||||
| (1) | 252.247-7024 Notification of Transportation of Supplies by Sea | VII-1 | ||
| (h) | Required by Contracting Officer as Applicable | |||
| (1) | DFARS 252.203-7003 Agency Office of the Inspector General | VII-2 | ||
| (2) | DFARS 252.219-7003 Small Business Subcontracting Plan | |||
| (DoD Contracts) | VII-2 | |||
| (3) | DFARS 252.219-7004 Small Business Subcontracting Plan | |||
| (Test Program) | VII-2 | |||
| (4) | (i) DFARS 252.225-7001 Buy American and Balance of | |||
| Payments Program | VII-2 | |||
| (ii) Alternate I | VII-2 | |||
| (5) | DFARS 252.225-7008 Restriction on Acquisition of Specialty | |||
| Metals | VII-2 | |||
| (6) | DFARS 252.225-7009 Restriction on Acquisition of Certain | |||
| Articles Containing Specialty Metals | VII-2 | |||
| Part | Page No. |
| (7) | DFARS 252.225-7015 Restriction on Acquisition of Hand or | |
| Measuring Tools | VII-2 | |
| (8) | DFARS 252.225-7016 Restriction on Acquisition of Ball and | |
| Roller Bearings | VII-2 | |
| (9) | DFARS 252.225-7017 Photovoltaic Devices | VII-2 |
| (10) | (i) DFARS 252.225-7021 Trade Agreements | VII-2 |
| (ii) Alternate I | VII-2 | |
| (ii) Alternate II | VII-2 | |
| (11) | DFARS 252.225-7027 Restriction on Contingent Fees for | |
| Foreign Military Sales | VII-2 | |
| (12) | DFARS 252.225-7028 Exclusionary Policies and Practices of | |
| Foreign Governments | VII-2 | |
| (13) | (i) DFARS 252.225-7036 Buy American—Free Trade | |
| Agreements—Balance of Payments Program | VII-2 | |
| (ii) Alternate I | VII-2 | |
| (iii) Alternate II | VII-2 | |
| (iv) Alternate III | VII-2 | |
| (v) Alternate IV | VII-2 | |
| (vi) Alternate V | VII-2 | |
| (14) | DFARS 252.225-7038 Restriction on Acquisition of Air | |
| Circuit Breakers | VII-2 | |
| (15) | DFARS 252.225-7039 Contractors Performing Private Security | |
| Functions | VII–2 | |
| (16) | DFARS 252.227-7013 Rights in Technical Data – Noncommercial | |
| Items | VII-2 | |
| (17) | DFARS 252.237-7019 Training for Contractor Personnel | |
| Interacting with Detainees | VII-2 | |
| (18) | DFARS 252.246-7004 Safety of Facilities, Infrastructure and | |
| Equipment for Military Operations | VII-3 | |
| (19) | DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel | |
| Surcharge Adjustment to the Cost Bearer | VII-3 | |
| (20) | (i) DFARS 252.247-7023 Transportation of Supplies by Sea | |
| (ii) Alternate I | VII-3 | |
| (iii) Alternate II | VII-3 | |
| (iv) Alternate III | VII-3 |
VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES VIII-1 – VIII-7
| (a) | FAR 52.252-2 Clauses Incorporated by Reference | VIII-1 | ||
| (b) | Required FAR and DFARS Clauses by Contracting Officer as | |||
| Applicable (Incorporated By Reference) | ||||
| (1) | FAR 52.204-4 Printed or Copied Double-Sided on | |||
| Postconsumer Fiber Content Paper | VIII-1 | |||
| (2) | FAR 52.232-18 Availability of Funds | VIII-1 | ||
| Part | Page No. |
| (3) | FAR 52.245-1 Government Property | VIII-1 | |
| (4) | DFARS 252.201-7000 Contracting Officer’s Representative | VIII-1 | |
| (5) | DFARS 252.203-7002 Requirement to Inform Employees of | ||
| Whistleblower Rights | VIII-1 | ||
| (6) | DFARS 252.204-7000 Disclosure of Information | VIII-1 | |
| (7) | DFARS 252.204-7003 Control of Government Personnel | ||
| Work Product | VIII-1 | ||
| (8) | DFARS 252.204-7008 Export-Controlled Items | VIII-1 | |
| (9) | DFARS 252.209-7004 Subcontracting with Firms that are | ||
| Owned or Controlled by the Government of a Terrorist Country | VIII-1 | ||
| (10) | DFARS 252.211-7006 Passive Radio Frequency Identification | VIII-1 | |
| (11) | DFARS 252.215-7007 Notice of Intent to Re-solicit | VIII-1 | |
| (12) | DFARS 252.215-7008 Only One Offer | VIII-1 | |
| (13) | DFARS 252.223-7002 Safety Precautions for Ammunition | ||
| and Explosives | VIII-1 | ||
| (14) | DFARS 252.225-7040 Contractor Personnel Supporting a Force | ||
| Deployed Outside the United States | VIII-1 | ||
| (15) | DFARS 252.225-7043 Antiterrorism/Force Protection Policy | ||
| for Defense Contractors Outside the United States | VIII-1 | ||
| (16) | DFARS 252.245-7001 Tagging, Labeling, and Marking of | ||
| Government-Furnished Property | VIII-1 | ||
| (17) | DFARS 252.245-7002 Reporting Loss of Government Property | VIII-1 | |
| (18) | DFARS 252.245-7003 Contractor Property Management | ||
| System Administration | VIII-1 | ||
| (19) | DFARS 252.245-7004 Reporting, Reutilization and Disposal | VIII-1 | |
| (20) | DFARS 252.247-7025 Reflagging or Repair Work | VIII-1 | |
| (c) | Required FAR, DFARS and MSC Clauses (Incorporated By Full Text) | ||
| (1) | FAR 52.204-7 System for Award Management (SAM) | VIII-1 | |
| (2) | FAR 52.217-8 Option to Extend Services | VIII-3 | |
| (3) | MSC Option to Extend the Term of the Contract | VIII-3 | |
| (4) | Reserved | VIII-3 | |
| (5) | Reserved | VIII-3 | |
| (6) | DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions | VIII-3 | |
| (7) | MSC Specific Wide Area Workflow (WAWF) Instructions | VIII-5 | |
| (8) | DFARS 252.232-7010 Levies on Contract Payments | VIII-6 |
IX. ATTACHMENTS IX-1 – IX-8
| (a) | Reserved | IX-2 |
| (b) | Reserved | IX-3 |
| (c) | Guidelines for Full/Partial Off-Hire Percentages on Readiness | IX-6 |
| Issues for Prepositioned Vessels | ||
| (d) | U.S. Department of Labor Wage Determination | IX-8 |
Part Page No.
X. INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS X-1 – X-9
| (a) | Required FAR Clauses (Incorporated By Full Text) | |||
| (1) | FAR 52.212-1 Instructions to Offerors – Commercial Items | |||
| (tailored pursuant to FAR 12.302(a)) | X-1 | |||
| (a) | North American Industry Classification System (NAICS) Code | |||
| and Small Business Size Standard | X-1 | |||
| (b) | Submission of Offers (tailored) | X-1 | ||
| (c) | Period for Acceptance of Offers (tailored) | X-4 | ||
| (d) | Vessel Substitutions (tailored) | X-4 | ||
| (e) | Multiple Offers | X-4 | ||
| (f) | Late Submissions, Modifications, Revisions, and Withdrawals of | |||
| Offers | X-4 | |||
| (g) | Contract Award | X-5 | ||
| (h) | Multiple Awards | X-6 | ||
| (i) | Availability of Requirements Documents Cited in the Solicitation | X-6 | ||
| (j) | Data Universal Numbering System (DUNS) Number | X-7 | ||
| (k) | System for Award Management | X-7 | ||
| (l) | Debriefing | X-7 | ||
| (m) | Service of Protest (tailored) | X-7 | ||
| (n) | FAR 13.5 Acquisition (tailored) | X-8 | ||
| (2) | FAR 52.215-5 Facsimile Proposals | X-8 |
| XI. | FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS | |
| (tailored pursuant to FAR 12.302(a)) | XI-1 – XI-3 |
| XII. | OFFEROR REPRESENTATIONS AND CERTIFICATIONS | |
| REQUIRED BY FAR | XII-1 – XII-17 |
| (a) | FAR 52.252-1 Solicitation Provisions Incorporated by Reference | XII-1 | |
| (b) | Required (Incorporated by Reference) | ||
| (1) | FAR 52.225-25 Prohibition on Contracting with Entities Engaging | ||
| in Sanctioned Activities Relating to Iran – Representation and | |||
| Certification | XII-1 | ||
| (c) | Required (Incorporated by Full Text) | ||
| (1) | FAR 52.209-7 Information Regarding Responsibility Matters | XII-1 | |
| (2) | FAR 52.212-3 Offeror Representations and Certifications | ||
| – Commercial Items with Alternate I | XII-2 |
| XIII. | OFFEROR REPRESENTATIONS AND CERTIFICATIONS | |
| REQUIRED BY DFAR | XIII-1 – XIII-3 |
(a) Required (Incorporated by Reference)
Part Page No.
| (1) | DFARS 252.203-7005 Representation Relating to Compensation | ||
| of Former DoD Officials | XIII-1 | ||
| (2) | DFARS 252.209-7001 Disclosure of Ownership or Control by | ||
| the Government of a Terrorist Country | XIII-1 | ||
| (b) | Required (Incorporated by Full Text) | ||
| (1) | Reserved | XIII-1 | |
| (2) | Reserved | XIII-1 | |
| (3) | Reserved | XIII-2 | |
| (c) | Required DFARS Clause by Contracting Officer as Applicable | ||
| (1) | DFARS 252.247-7026 Evaluation Preference for Use of Domestic | ||
| Shipyards – Applicable to Acquisition of Carriage by Vessel | |||
| for DoD Cargo in the Coastwise or Noncontiguous Trade | XIII-2 |
N62387-15-R-5420 xii
MSC TANKTIME 2013
Vessel(s):
Owner, DUNS, CAGE, TIN (and TIN of parent, if applicable):
MSC TANKTIME 02 (12/02) I-2
N62387-15-R-5420 I-10
I. TANKTIME BOXES
| Solicitation Number (date): |
| Contract Number (date): |
1. Vessel(s) Required:
See Box 6 for Vessel Requirement.
2. Place/Range of Delivery:
Western Pacific in Charterer’s option (Intentions: Guam)
3. Place/Range of Redelivery:
Western Pacific in Charterer’s option (Intentions: Guam)
4. Charter Period
About one year with 1 one-year option.
5. Laydays:
Commencing: 30 September 2015
Cancelling: 15 November 2015
6. Terms/Conditions/Attachments added, deleted or modified:
1. VESSEL(S) REQUIRED:
One clean, U.S. flag (non-Jones Act acceptable IAW 46 U.S.C. § 12111), approved double hull tanker with Integrated Gas System and Segregated Ballast Tank that is capable of carrying a minimum of 310,000 BBLS of at least two clean petroleum products (intentions JP8 and JA1) in designated cargo tanks with double valve isolation and with the following minimum particulars:
a) There is a classified requirement in conjunction with this RFP that may eliminate offerors. Offerors who are affected will be given the opportunity during discussions to read/address this requirement provided that affected offerors have appropriate security clearances in place. Offerors not affected will not have a need to know about the requirement regardless of appropriate security clearances being in place.
b) Vessel must be a party to the SIRE System and owner must provide a current Q-88 with offer (no more than 60 days old). Q-88 must detail current acceptances and dates of inspection. A new Q-88 must be provided after each SIRE inspection.
c) Owner must provide date of last SIRE report on the vessel which has been registered in the revised SIRE register. This SIRE report must be less than 6 months old at all times during the performance of this contract.
d) Owner must confirm acceptances received and/or retained by the vessel since the last sire report.
e) Owner must confirm that the vessel has not been rejected or refused by any Charterer since the inspections leading to the said SIRE report.
f) Owner must confirm vessel has vetting approval from at least two oil majors providing date of vetting and name of major, at least one vetting approval must be less than 6 months old at the time of the offer.
g) Vessel’s age shall be less than 15 years for the duration of the charter.
h) Vessel cannot exceed a maximum LOA of 249.9 meters.
i) Vessel cannot exceed a maximum manifold height 16 meters.
j) Vessel cannot exceed a maximum DWT 50,000MT, any re-measurement cost to be for owner’s account.
k) Vessel must be Double Hull with Segregated Ballast Tanks (SBT).
l) Vessel must have an Inert Gas System (IGS).
m) Owner must provide a copy of vessel’s current ISM / Safety Management Certification.
n) Owner must provide a copy of vessel’s current International Ship Security Certificate.
o) Owner must provide vessel stowage plan demonstrating vessel’s ability to load minimum 310,000 BBLS JP8 not to exceed a laden draft of 12.0 meters.
p) Owner must confirm vessel’s minimum SOA of 13 knots.
q) Owner must provide vessel itinerary from offer to arrival laydays at load port.
r) Owner must confirm vessel’s ability to carry one complete undecanted tank washing in dedicated slop tanks.
s) Owner must confirm vessel’s ability to hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection. All cargo tanks must be free of loose rust, previous cargo residues and films (including dyes), significant salt deposits and other impediments that could impact the quality of the cargo to be loaded.
t) Owner must confirm vessel will arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by Quality Assurance Representative (QAR). Ensure any adjacent tanks are also clean and gas free. Contractor shall provide (Owner's account) a Certified Marine Chemist to certify tanks safe for entry for internal tank inspection by Government / Charterer representative. Contractor will provide time needed to re-inert after inspection. If a prior (last and next to last) cargo contained a percentage of benzene, Owner’s Certified Marine Chemist must also measure toxicity for Benzene content and certify safe for entry. All safe for entry / toxicity / flammability assessments will be performed in the presence of the inspecting QAR.
u) Owner must confirm vessel is free of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, fittings, etc. as it is not permitted in vessels chartered by MSC to carry petroleum products, unless vessel possesses a current DLA – Energy waiver.
v) Owner must provide, if vessel cargo tanks have heating coils, coil type or composition (such as stainless steel, copper, etc.). Owner must provide, if vessel cargo tanks have heating coils, the date heating coils were last pressure tested and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this charter. Vessel tanks with copper or yellow metal compounds are normally not acceptable for Jet Fuel cargoes.
w) Owner must provide, if vessel cargo tanks are internally coated, the coating type (epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. If tanks are not coated then state “none”. Coatings that are incompatible with the fuel to be carried will be rejected.
x) Owner must provide copies of Certificates of Quality for vessel’s last three cargoes. These Certificates should contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality should contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). Results of “typical” are not acceptable. Additionally the following are required for the specific products mentioned:
1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or “mass percent”, or Doctor Test (ASTMD 4952). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.
2. Gasoline (Motor or Aviation): It must be stated whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.
y) Owner must confirm whether or not the last three cargoes carried contained FAME (Fatty Acid Methyl Esters).
z) Owner must confirm, in the event any of the vessel’s last three cargoes did contain FAME, that vessel cargo tanks were cleaned / conditioned in accordance with the guidance in accordance with Energy Institute HM50.
aa) Owner must confirm that vessel is be able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.
bb) Owner agrees where cargo is carried after contract award and prior to delivery to provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the Government shall result in the Government cancelling this contract at no cost to the Government.
(cc) A total of two (2) RAS receiving stations shall be installed that can receive a funding rig with ROBB or NATO coupling during RAS operations. The capability to perform the simultaneous transfer of up to two different fuel products shall be met. Drawings and particulars are to be provided with the RFP. Station must be installed prior to delivery. Additional direction for installation oversight will be provided on award (which means we will put the awardee in contact with the appropriate NAVSEA office to ensure they have the exact drawings to get the installation correct.
Vessel(s) :
| Solicitation Number (date): |
| Contract Number (date): |
| 7. Vessel/Flag/Year Built: |
| 8. Proposal Firm Until: |
9. Amendments Acknowledged (amendment numbers and dates):
10. Owner :
(style, address, phone, cell phone, pager, e-mail, fax)
11. Broker (address, phone, e-mail, fax):
12. Remittance Address for Hire (if other than Box 11)
PRICING DATA
CLIN 0001 – Daily Charter Hire (See Attachment to SF1449 for other CLIN numbers and expenditure types.)
BOX NOS., SHIP STATUS, AND EXPENDITURE TYPES
14. FOS
| 15. ROS<10 Days |
| 16. ROS>10 Days |
| Base Period: About one year |
| $ ___________ |
| Option Period One: About one year |
| $ ___________ |
17. ROS Crew Complement:
| 18. | |
| CLIN (TBD at award): Reimbursable (Fuel) | Not to Exceed $_____ TBD _____ |
| CLIN (TBD at award): Reimbursable (Port Charges) | Not to Exceed $_____ TBD _____ |
| 19. Laydays Proposed: |
| 20. Estimated Readiness Date: |
VESSEL DATA
21. Vessel type and, if applicable, MARAD design type:
| 22. Place built: |
| 23. Year built: |
| 24. INMARSAT Identification No. |
| 25. Vessel's e-mail/fax: |
| 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:
| a. hp: | b. kW |
| 41. Brake Horsepower: |
a.. hp: b. kW:
| 42. Nationality of Master, Officer, and crew: |
| 43. Number of people other than crew that can be carried: |
44. Classification society entered and class assigned:
45. ISM certification? _____Yes _____No If yes, expiration date:
| 46. Insured value of Vessel (USD): |
| 47. Vessel's present position/destination: |
| 48. Last drydock date (mm/dd/yy): |
| 49. Next drydock date (mm/dd/yy): |
50. MarAd subsidized vessel? _____Yes _____No
51. Oil-pollution liability P&I coverage (maximum USD):
52. Member of ITOPF? _____Yes _____No
CARGO ARRANGEMENTS
| 53. Number of cargo tanks: |
| 54. Number of natural segregations with double valves: |
55. Number of grades of cargo that can be loaded/discharged simultaneously, using separate lines, pumps, and manifold connections:
56. Cargo cubic capacity (98% full ex slop tanks)
a. Bbls: b. m3:
57. Segregated clean ballast tank cubic capacity (98% full)
a. Bbls: b.. m3:
58. Slop tank capacity (98% full)
a. Bbls: b. m3:
59. List cargo tanks , coating type for each tank, and date of each coating:
SYSTEM DESCRIPTION (bbls and/or m3) (Identify cargo, ballast, and slop tanks)
60.
| SYSTEM # |
| TANK # |
| PORT |
| CENTER |
| STARBOARD |
| SUBTOTALS |
61. Manufacturer/type/designation of tank coating(s):
| 62. Number of manifolds on each side: |
| 63. Composition of manifolds: |
64. Distance, bow to center manifold:
a. ft.: b. m:
65. Distance, stern to center manifold:
a. ft.: b. m:
66. Distance, rail to center manifold:
a. ft.: b. m:
67. Distance, deck to center manifold:
a. ft.: b. m:
| 68. Last cargo: |
| 69. Next-to-last cargo |
70. Heating coils/composition (describe):
71. Inert gas system (describe):
72. Vapor recovery system (describe):
PUMPS
73. Number and type of cargo pumps:
74. Capacity of cargo pumps (at 100 psi at manifold):
a. Bbls per hour: b. m3 per hour:
75. Number and type of stripping pumps:
76. Capacity of stripping pumps (at 100 psi at manifold):
a. Bbls: b. m3:
GEAR
77. Number, location, and SWL capacity of winches, derricks, booms, and cranes:
MOORING ARRANGEMENTS
78. Number, location, brake holding power of mooring winches:
79. Number, length, and diameter of wires:
80. Breaking strength of wires:
81. Number, length, diameter of mooring ropes:
82. Breaking strength of mooring ropes:
CASUALTIES/DEFICIENCIES
83. Has Vessel been involved in any serious grounding or collusion within a period of five years from the submission date of this proposal? If yes, include a full description.
84. Has Vessel been involved in any pollution incident within a period of five years from the submission date of this proposal? If yes, include a full description.
85. Are any deficiencies lodged by any regulatory body outstanding against the Vessel. If yes, include a full description.
INSPECTIONS
86. List oil company vetting inspections conducted during the past year and date of expiration.
FUEL CONSUMPTION AT SERVICE SPEEDS
| 87. Average warranted speed (knots, for laden, moderate weather): |
| 88. Average warranted speed (knots, for ballast, moderate weather): |
| 89. Average fuel consumption (net bbls at 60F and grade(s): for laden, moderate weather passage at speed identified in Box 87): |
| 90. Average fuel consumption (net bbls at 60F and grade(s): for ballast, moderate weather passage at speed identified in Box 88): |
| 91. Auxiliaries underway fuel consumption (net bbls at 60F and grade(s), only if not elsewhere identified): |
| 92a. In-port idle period fuel consumption (net bbls at 60F and grade(s)): |
92b. In-port discharge period fuel consumption (net bbls at 60F and grade(s)):
93. Discharge/Ballasting/Deballasting fuel consumption (net at 60F and grade(s)):
Grade: Bbls: m3:
FUEL CONSUMPTION AT VARIABLE SPEEDS
Average fuel consumption (net bbls at 60F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated)
94: Grades Consumed:
| 95a. LADEN TO SUMMER MARKS |
| 95b. BALLAST |
| Knots |
| Net bbls per mile |
| Net bbls per day |
| Operating Range (NM) |
Knots
| Net bbls per mile |
| Net bbls per day |
| Operating Range (NM) |
6>
6>
7>
7>
8>
8>
9>
9>
10>
10>
11>
11>
12>
12>
13>
13>
14>
14>
15>
15>
16>
16>
17>
17>
18>
18>
19>
19>
20>
20>
21>
21>
22>
22>
23>
23>
24>
24>
25>
25>
96. Minimum Vessel fuel specifications:
CONTINUATION
97. Space for continuation of responses (refer to prior box numbers)
| Box No. |
| Description |
Vessel(s) :
| Solicitation Number (date): |
| Contract Number (date): |
PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS (SEP 2013) (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 shall include but not be limited to:
(A) Condition and operability of all cargo handling 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 and tanks;
(E) Condition, operability, and certification of required safety and firefighting equipment;
(F) Operability and safety of engineering spaces and equipment;
(G) Bunker survey;
(H) Hydrostatic test of all cargo systems (125 psi);
(I) Condition of all equipment required under this Charter particularly in respect to pollution avoidance;
(J) Condition of tank coatings.
(ii) The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor.
(iii) If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended services or unable to operate for the remaining period of the Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law.
(2) Predelivery Inspection. A predelivery inspection of the Vessel with tanks gas and ballast free and clean may be held at 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, Associated Equipment and tank coatings as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection in view of the Charterer's requirements that tank coating failures shall not exceed two percent (2%) of the total surface area in each tank in order for the Vessel to be acceptable on delivery. The results of any predelivery inspection under this paragraph shall further be without prejudice to any later determinations that the Vessel, Associated Equipment or Vessel tanks 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 with 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. |
(4) Vessel must arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by quality assurance representative. Contractor shall provide (Owner’s account) a certified marine chemist to certify tanks safe for entry for internal tank inspection by Government/Charter representative. If a prior (last and next to last) cargo contained a percentage of benzene, Owner’s certified marine chemist must also measure toxicity for benzene content and certify safe for entry. If partial shipment is offered, adjacent tanks next to Government cargo are to be gas-free. Last and next to last cargoes carried in tanks must be an approved product. The use of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, fittings, etc., that may come into contact with cargo is not permitted in vessels chartered by MSC to carry petroleum products, unless vessel possesses a current Defense Logistics Agency-Energy (DLA-E) waiver. Vessel must be equipped for both pier side and at anchor cargo operations. Contractor shall arrange oil spill protection and cleanup. Vessel shall have spill prevention booms for use during lightering operations. Vessel shall have adequate fendering for alongside operations and be able to lighter (skin to skin) from another tanker.
*(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 Governmentwide 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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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 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) (AUG 2005)
(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
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
^(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) 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 contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at 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 33.211 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; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(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 default termination.
(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.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .