Solicitation_N62387-15-R-5500_Diego_Garcia_Resupply_Shuttle.doc

Section SF 1449 - CONTINUATION SHEET

SOLICITATION

MSC RFP N62387-15-R-5500

DRY TIME

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 completed Parts I through XIII.

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 XIII 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 XIII 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.

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

DRYTIME CHARTER

TABLE OF CONTENTS

Part Page No.

I.

DRYTIME BOXES

I-1 – I-19

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-2

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

II-3

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity

II-4

(i) Payment

II-4

(j) Risk of Loss (tailored)

II-5

(k) Taxes (tailored)

II-6

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

II-7

(o) Warranty (tailored)

II-7

(p) Limitation of Liability

II-9

(q) Other Compliances

(r) Compliance with Laws Unique to Government Contracts

(s) Order of Precedence (tailored)

(t) System for Award Management (SAM)

(u) Unauthorized Obligations

II-10

III.

DRY CARGO TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

III-1 – III-6

Charter Hire

III-1

Mission

Reporting Requirements

Crew

III-2

MARAD Construction Differential Subsidy (CDS)

Cargo Receipt

Loading and Discharging

III-3

Oil Pollution Spill

III-4

Part Page No.

Safety in Loading and Discharging Cargo

III-4

Deck Cargo

III-5

Cleaning

III-5

IV.

TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

IV–1 - IV-30

(a) General Definitions

IV-1

Delivery

IV-8

Redelivery

Ports/Places

Charter Period

IV-9

Drydock

Insurance

War

IV-10

Government War Risk Insurance / Indemnity

IV-11

Readiness

IV-12

Off-Hire

IV-12

Supercargo and Government Designated Representatives

IV-13

Time Lost

IV-14

Negligence of Pilots

(o) Port Charges and Expenses

(p) Owner’s Obligation

(q) Fuel

IV-15

(r) Reduced Operational Status (Layup)

IV-17

(s) Waiver of Claims

(t) Charter Not a Demise

(u) Subcharter

(v) General Average

(w) Salvage

IV-18

(x) Limitations

IV-18

(y) Alterations

IV-19

(z) Reimbursable Supplies and Services (Charters)

IV-19

(aa) Standards of Appearance

IV-20

(ab) Savings

IV-21

(ac) Law Governing

(ad) Substitution

(ae) MSC Shipboard Antiterrorism/Force Protection Measures

(af) Payment

IV-22

(ag) Special Requirements

IV-22

(ah) Statutory Employee

IV-23

(ai) In-Transit Visibility

(aj) Security Threat

(ak) Immunizations (U.S. -Flag Only)

(al) Changes Applicable to Foreign Flag Awards Only

IV-24

(am) Investigations

IV-24

(an) Military Extraterritorial Jurisdiction Act

IV-24

(ao) Crew List

IV-25

(ap) Bonuses

IV-26

(aq) No-Cost Cancellation

IV-26

(ar) Enterprise Wide Contractor Manpower Reporting Application

IV-27

V.

DRY CARGO 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)

Security Clearance V-1

Reserved

Navigation Equipment

Fuel Monitoring

Time Charter War Risk

Automated External Defibrillator (AED)

V-2

Crew Appearance

Both to Blame

Tugs and Barges

Contractor Security (CS) V-2

VI.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM

VI-1 – VI-5

Required

(1) FAR 52.222-50 Combating Trafficking in Persons

VI-1

With Alternate I

(2) FAR 52.233-3 Protest After Award

(3) FAR 52.233-4 Applicable Law for Breach of Contract Claim

Required by Contracting Officer as Applicable

FAR 52.203-6 Restrictions on Subcontractor Sales to the

Government with Alternate I

FAR 52.203-13 Contractor Code of Business Ethics and Conduct

FAR 52.203-15 Whistleblower Protections under the American

Recovery and Reinvestment Act of 2009

(4) FAR 52.204-10 Reporting Executive Compensation and First-

Tier Subcontract Awards

(5)

VI-1

(6) FAR 52.204-4 Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper

(7) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts

(8) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(9) FAR 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters

(10) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations

(11) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source

Award

(12) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns

(13)

(14)

(i) 52.219-6, Notice of Total Small Business Aside

VI-2

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) FAR 52.219-7, Notice of Partial Small Business Set-Aside

(16) FAR 52.219-8, Utilization of Small Business Concerns

VI-2

(17)

(i) 52.219-9, (i) 52.219-9, Small Business Subcontracting Plan

VI-2

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct 2014) of 52.219-9.

(18) FAR 52.219-13 Notice of Set-Aside of Orders

(19) FAR 52.219-14, Limitations on Subcontracting

(20) FAR 52.219-16, Liquidated Damages—Subcontracting Plan

(21) FAR 52.219-27 Notice of Service-Disabled Veteran-Owned

Small Business Set-Aside

(22) FAR 52.219-28 Protest Award Small Business Program

Rerepresentation

(23) FAR 52.219-29 Notice of Set-Aside for Economically

Disadvantaged Women-Owned Small Business (EDWOSB)

Concerns

(24) FAR 52.219-30 Notice of Set-Aside for Women-Owned

Small Business (WOSB) Concerns Eligible Under the WOSB

Program

(25) FAR 52.222-3 Convict Labor

(26) FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies

(27) FAR 52.222-21 Prohibition of Segregated Facilities

(28) FAR 52.222-26 Equal Opportunity

(29) FAR 52.222-35 Equal Opportunity for Veterans

(30) FAR 52.222-36 Affirmative Action for Workers with Disabilities

(31) FAR 52.222-37 Employment Reports on Veterans

(32) FAR 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

(33) FAR 52.222-54 Employment Eligibility Verification

(34)

(i) FAR 52.223-9 Estimate of Percentage of Recovered Material

Content for EPA-Designated Items

VI-3

(ii) Alternate I

(35) FAR 52.223-13 Acquisition of EPEAT® -Registered Imaging Equipment

(ii) Alternate I (Jun 2014) of 52.223-13.

(36) FAR 52.223-14 Acquisition of EPEAT® -Registered Television

(37) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products

(38)

(i) FAR 52.223-16 IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products

(39) FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

(40) FAR 52.225-1 Buy American Act—Supplies

(41)

(i) FAR 52.225-3 Buy American Act—Free Trade Agreements—

Israeli Trade Act

(iii) Alternate II

(iv) Alternate III

(42) FAR 52.225-5 Trade Agreements

(43) FAR 52.225-13 Restrictions on Certain Foreign Purchases

VI–3

(44) FAR 52.225-26 Contractors Performing Private Security Functions

Outside the United States

(45) FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside

(46) FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

(47) FAR 52.232-29 Terms for Financing of Purchases of Commercial

Items

(48) FAR 52.232-30 Installation Payments for Commercial Items

(49) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(50) FAR 52.232-34 Payment by Electronic Funds Transfer – Other

Than System for Award Management

(51) FAR 52.232-36 Payment by Third Party

(52) FAR 52.239-1 Privacy or Security Safeguards

(53)

(i) FAR 52.247-64 Preference for Privately Owned U.S.-Flag

Commercial Vessels

Required by Contracting Officer as Applicable to Services

FAR 52.222-41 Service Contract Act of 1965

VI-4

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

FAR 52.222-43 Fair Labor Standards Act and Service Contract

Act--Price Adjustment (Multiple Year and Option Contracts)

FAR 52.222-44 Fair Labor Standards Act and Service Contract

Act--Price Adjustment

FAR 52.222-51 Exemption from Application of the Service

Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

FAR 52.222-53 Exemption from Application of the Service

Contract Act to Contracts for Certain Services--Requirements

FAR 52.222-17 Nondisplacement of Qualified Workers

FAR 52.226-6 Promoting Excess Food Donation to Nonprofit

Organizations

FAR 52.237-11 Accepting and Dispensing of $1 Coin

Comptroller General Examination of Record

VI-4

Flowdown Subcontractor

FAR 52.203-13 Contractor Code of Business Ethics and Conduct

VI-5

(ii) FAR 52.219-8 Utilization of Small Business Concerns

(iii) FAR 52.222-17 Nondisplacement of Qualified Workers

(iv) FAR 52.222-26 Equal Opportunity

(v) FAR 52.222-35 Equal Opportunity for Veterans

(vi) FAR 52.222-36 Affirmative Action for Workers with Disabilities

(vii) FAR 52.222-37 Employment Reports on Veterans

(viii) FAR 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

(ix) FAR 52.222-41 Service Contract Act of 1965

(x) FAR 52.222-50 Combating Trafficking in Persons

With Alternate I

(xi) FAR 52.222-51 Exemption from Application of the Service

Contract Act to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements

(xii) FAR 52.222-53 Exemption from Application of the Service

Contract Act to Contracts for Certain Services--Requirements

(xiii) FAR 52.222-54 Employment Eligibility Verification

(xiv) FAR 52.225-26 Contractors Performing Private Security Functions

Outside the United States

(xv) FAR 52.226-6 Promoting Excess Food Donation to Nonprofit

Organizations

(xvi) FAR 52.247-64 Preference for Privately Owned U.S.-Flagged

Commercial Vessels

VII.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS

VII-1 – VII-3

Required

DFARS 252.203-7000 Requirements Relating to Compensation of

Former DoD Officials

VII-1

DFARS 252.227-7015 Technical Data – Commercial Items

DFARS 252.227-7037 Validation of Restrictive Markings on

Technical Data

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

Required for Contracts Greater than $1,000,000.00

DFARS 252.205-7000 Provision of Information to Cooperative

Agreement Holders

Required for Contracts Greater than $500,000.00

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small

Business Concerns

Required for Contracts that Exceed the Simplified Acquisition Threshold

DFARS 252.225-7012 Preference for Certain Domestic

Commodities

DFARS 252.243-7002 Requests for Equitable Adjustment

VII-1

(e) Required for Contracts Awarded to U.S. Vendors

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

Required for Contracts Awarded to U.S. Flag Vessel

DFARS 252.247-7027 Riding Gang Member Requirements

Required for Contracts where Offeror provided Negative Response to

252.247-7022 Representation of Extent of Transportation by Sea

252.247-7024 Notification of Transportation of Supplies by Sea

Required by Contracting Officer as Applicable

DFARS 252.203-7003 Agency Office of the Inspector General

DFARS 252.219-7003 Small Business Subcontracting Plan

(DoD Contracts)

VII-2

DFARS 252.219-7004 Small Business Subcontracting Plan

(Test Program)

(i) DFARS 252.225-7001 Buy American and Balance of

Payments Program

DFARS 252.225-7008 Restriction on Acquisition of Specialty

Metals

DFARS 252.225-7009 Restriction on Acquisition of Certain

Articles Containing Specialty Metals

DFARS 252.225-7015 Restriction on Acquisition of Hand or

Measuring Tools

DFARS 252.225-7016 Restriction on Acquisition of Ball and

Roller Bearings

DFARS 252.225-7017 Photovoltaic Devices

(i) DFARS 252.225-7021 Trade Agreements

DFARS 252.225-7027 Restriction on Contingent Fees for

Foreign Military Sales

DFARS 252.225-7028 Exclusionary Policies and Practices of

Foreign Governments

(i) DFARS 252.225-7036 Buy American—Free Trade

Agreements—Balance of Payments Program

(v) Alternate IV

(vi) Alternate V

DFARS 252.225-7038 Restriction on Acquisition of Air

Circuit Breakers

DFARS 252.227-7013 Rights in Technical Data – Noncommercial

Items

VII-2 (16)

DFARS 252.237-7019 Training for Contractor Personnel

Interacting with Detainees

(17) DFARS 252.246-7004 Safety of Facilities, Infrastructure and

Equipment for Military Operations

DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel

Surcharge Adjustment to the Cost Bearer

(i) DFARS 252.247-7023 Transportation of Supplies by Sea

VIII.

ADDITIONAL FAR, DFARS AND MSC CLAUSES

VIII-1 – VIII-7

FAR 52.252-2 Clauses Incorporated by Reference

VIII-1

Required FAR and DFARS Clauses by Contracting Officer as

Applicable (Incorporated By Reference)

FAR 52.204-4 Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper

FAR 52.232-18 Availability of Funds

FAR 52.245-1 Government Property

DFARS 252.201-7000 Contracting Officer’s Representative

DFARS 252.203-7002 Requirement to Inform Employees of

Whistleblower Rights

DFARS 252.204-7000 Disclosure of Information

DFARS 252.204-7003 Control of Government Personnel

Work Product

DFARS 252.204-7008 Export-Controlled Items

DFARS 252.209-7004 Subcontracting with Firms that are

Owned or Controlled by the Government of a Terrorist Country

DFARS 252.211-7006 Passive Radio Frequency Identification

DFARS 252.215-7007 Notice of Intent to Re-solicit

DFARS 252.215-7008 Only One Offer

DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives

DFARS 252.225-7040 Contractor Personnel Supporting a Force

Deployed Outside the United States

DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

(16) DFARS 252.245-7001 Tagging, Labeling, and Marking of

Government-Furnished Property

(17) DFARS 252.245-7002 Reporting Loss of Government Property

DFARS 252.245-7003 Contractor Property Management

System Administration

DFARS 252.245-7004 Reporting, Reutilization and Disposal

(20) DFARS 252.247-7025 Reflagging or Repair Work

Required FAR, DFARS and MSC Clauses (Incorporated By Full Text)

FAR 52.204-7 System for Award Management (SAM)

FAR 52.217-8 Option to Extend Services

VIII-3

MSC Option to Extend the Term of the Contract

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

MSC Specific Wide Area Workflow (WAWF) Instructions

VIII-5

DFARS 252.232-7010 Levies on Contract Payments

VIII-6

IX.

ATTACHMENTS

IX-1 – IX-9

Past Performance Data Sheet

IX-2

Past Performance Questionnaire

IX-4

Guidelines for Full/Partial Off-Hire Percentages on Readiness

IX-7

Issues for Prepositioned Vessels

U.S. Department of Labor Wage Determination

IX-9

DD Form 254, Contract Security Classification Specification

IX-10

X.

INSTRUCTIONS TO OFFERORS

X-1 – X-8

Required FAR Clauses (Incorporated By Full Text)

FAR 52.212-1 Instructions to Offerors – Commercial Items

(tailored pursuant to FAR 12.302(a)) X-1

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

Submission of Offers (tailored)

Period for Acceptance of Offers (tailored) X-5

Vessel Substitutions (tailored)

Multiple Offers

Late Submissions, Modifications, Revisions, and Withdrawals of

Offers

Contract Award X-6

Multiple Awards

Availability of Requirements Documents Cited in the Solicitation

Data Universal Numbering System (DUNS) Number X-7

System for Award Management

Debriefing

Service of Protest (tailored) X-8

FAR 13.5 Acquisition X-8

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

FAR 52.252-1 Solicitation Provisions Incorporated by Reference

XII-1

Required (Incorporated by Reference)

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and

Certification

Required (Incorporated by Full Text)

FAR 52.209-7 Information Regarding Responsibility Matters

FAR 52.212-3 Offeror Representations and Certifications

– Commercial Items with Alternate I

XII-2

XIII.

OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS

XIII-1 – XIII-3

Required (Incorporated by Reference)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

XIII-1

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

Required (Incorporated by Full Text)

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

DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (DEVIATION 2012-O0004)

XIII-2

Required DFARS Clause by Contracting Officer as Applicable

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

Vessel(s):

MSC DRYTIME

PART I - DRYTIME BOXES

1. Vessel(s) Required:

The Vessel shall be a U.S. flag (upon delivery), self-sustaining combination container/break bulk vessel with the capability to lift containerized cargo, refrigerated containers, flat racks, break bulk, hazardous cargo including ammunition, and rolling stock. The vessel shall at a minimum accommodate four supercargo, in addition to the Master, Officers, and crew. The Vessel shall have a minimum Speed of Advance (SOA) of 13 Knots. The Vessel shall have a minimum operating range of 8000 nautical miles. The Vessel’s maximum draft shall not exceed 35 feet.

2. Place / Range of Delivery: Far East/Indian Ocean (Port in CHOP)

3. Place / Range of Redelivery:

Far East/Indian Ocean (Port in CHOP)

4. Charter Period):

Base period of 12 months with three option periods of 12 months each and one 11-month option period.

5. Laydays:

Commencing: 07 June 2015

Ending: 08 June 2015

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

· Add Part V (a) SECURITY CLEARANCE

· Add Part V (c) NAVIGATIONAL EQUIPMENT

· Add Part V (e) TIME CHARTER WAR RISK

· Completed DD Form 254, Contract Security Classification Specification

· Any vessel requiring reflagging shall not exceed 15 years in age at time of delivery; except if vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis). Additionally, any vessel built in a foreign shipyard shall have a minimum of one year’s documented performance history at the time of offer submission.

· The Vessel shall be fitted with a USCG-approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

Vessel(s):

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

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

12. Remittance address for hire (if other than box 10):

Vessel(s):

PRICING DATA

FIRST PERIOD

SECOND PERIOD

THIRD PERIOD

FOURTH PERIOD

Vessel(s):

FIFTH PERIOD

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

17. Other Costs:

CLIN (TBD at award): Charter Hire $___________TBD_______________

CLIN (TBD at award): Reimbursable (Fuel) Not to Exceed $______________TBD______________

CLIN (TBD at award): Reimbursable (Port Charges) Not to Exceed $__________TBD_______________

Vessel(s):

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

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

Offeror IS a VISA Participant _____ Priority Level ______ Vessel(s) offered IS (ARE)) Enrolled in VISA _____

Offeror HAS APPLIED to be a VISA Participant _______ Vessel(s) offered WILL BE Enrolled in VISA _____

Offeror IS NOT a VISA Participant _______ Vessel(s) IS (ARE) Not Enrolled in VISA ____

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

22. Place built

23. Year built: Flag:

24. INMARSAT Ident.:

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/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

49. MarAd subsidized vessel: Yes _____

Will not be subsidized after postaward sale.

No ______

50. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

51. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Number of tween decks:

53. Cargo Space

a. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU):

55. Total on-deck container capacity (TEU/FEU):

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

57. Reefer-space capacity (cu ft / cu meters):

58. Deep-tank capacity (cu ft/cu meters/bbls):

59. Capacity of spaces fitted with cell guides (TEU):

60. Amount and location of permanent ballast carried:

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

Vessel(s):

CARGO CAPACITY (continued)

62. General description of cargo spaces and special features:

· Container Capacity. The Vessel shall accommodate a minimum of 230 twenty-foot equivalent unit (TEU) containers. Within the specified 230 TEU capacity, the vessel shall be able to accommodate various combinations of twenty-foot and forty-foot containers with the ability to carry a combination of at least 80 forty-foot containers and 70 twenty-foot containers.

Vessel shall be capable of carrying a maximum load averaging 14 metric tons per container, 100 of which may weigh 22 metric tons, within acceptable limits for overall displacement (load line), trim, stability and hull stress as specified by the regulatory agency for that vessel.

· Refrigerated Container Outlets. Within the 230 TEU capacity specified above, vessel shall accommodate a minimum of 50 reefer containers (twenty-foot or forty-foot) with outlets, supplied from the ship’s internal electrical distribution system, capable of sustaining refrigerated TEU containers operating on:

200 VAC, 3 phase, 50/60 Hz

220 VAC, 3 phase, 60 Hz

380-415 VAC, 3 phase, 50 Hz

440 VAC, 3 phase, 60 Hz

· Break bulk Capacity. The Vessel shall have a minimum break bulk cargo capacity of 100,000 cubic feet bale with a minimum 10 feet of clearance in addition to capacity requirements set forth in Paragraph 4 above. Vessel shall be capable of carrying break bulk ammunition with proper segregation. The Government will sheath holds as required. The Vessel will be provided with sufficient tie-down points (pad eyes, D-rings, etc.) to secure various types of break bulk cargo or vehicles.

· Cargo Stowage. The Vessel shall be able to accommodate all standard types of dry cargo containers, refrigerated containers, flat racks, and ISO tank containers.

The vessel shall be equipped with sufficient quantities of matching stacking cones, automatic twist locks

(SATL/IBC), container deck sockets, “D” ring fittings for container deck sockets capable of lashing break bulk cargo, chains and binders for lashing break bulk cargo and lashing gear for carriage and securing of all containers in stacks of two-high minimum on deck

· Hazardous Material. The Vessel shall be capable of carrying all types of hazardous cargo with proper segregations.

Oily Water Separator/Slops Retention. The Vessel shall be fitted with a USCG approved bilge/oily water separator and shall employ methods, both through installed equipment and operational practices, to minimize slops(bilge water, waste oil, contaminated water, etc.) Generation. The Vessel shall be capable of retaining all slops generated during normal operations on board for a minimum of thirty (30) days capacity. Existing tanks may be used or converted to meet this requirement.

Vessel(s):

GEAR

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

Self-Sustaining Capability. The Vessel shall be self-sustaining for loading and discharging break bulk, containerized and vehicle cargoes.

Cranes. Vessel’s gear shall consist of at least two booms or cranes with a minimum of 30 LT SWL lifting capacity at all hatches where twenty/forty foot containers are stowed and the capability of lifting 50 LT in tandem.

Spreader Bars. Vessel must be equipped with twenty and forty foot spreader bars. Such spreader bars shall be supplied by the Vessel owner.

Lashing. All lashing and securing gear for containers are to be provided by the Vessel owner.

Deck Loading. Tank tops intended for stowage shall be designed to accommodate heavy vehicles, up to and including the M-1 tank with a uniformly distributed load of minimum 525 psf. These decks shall be capable of supporting the local loads imposed by such vehicles without recourse to mandatory parking patterns. These decks shall also be capable of supporting lighter vehicles with small footprints (which may impose more severe local loading and specific deck structures) such as fully loaded 2.5 ton trucks or forklift trucks. No grating is permitted on decks intended for cargo stowage.

For vessel without hydraulic hatch covers, ship’s crew will be responsible in Diego Garcia for removing, positioning, and replacing hatch covers before, during and after cargo operations.

CASUALTIES / DEFICIENCIES

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if "yes")

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

FUEL CONSUMPTION AT SERVICE SPEEDS

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box 67):

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated): It is estimated without guarantee that the vessel will be in port 50% of the time and underway laden 50% of the time. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for vessel and cargo maintenance, or for cargo discharging/loading operations

72: Grades Consumed:

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Vessel(s):

FUEL GRADE

Vessel(s):

CONTINUATION

75. Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor’s inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery $

(of vessel)

During Fixed

Performance Period $

During 1st Option

Performance Period $

During 2nd Option

Performance Period $

During 3rd Option

Performance Period $

During 4th Option

Performance Period $

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clauses entitled “Default,” “Termination for Convenience of the Government,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

Note: Pursuant to 10 U.S.C. § 2401, the Government is prohibited from entering into a vessel charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 25% of the value of the vessel for the termination liability; or

ii. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

Section B - Supplies or Services and Prices

Charter Hire Firm Period

FFP

Period TBD

FOB: Destination

NET AMT

Port Charges Firm Period

NET AMT

Fuel Charges Firm Period

NET AMT

Charter Hire Option One

NET AMT

Port Charges Option One

NET AMT

Fuel Charges Option One

NET AMT

Charter Hire Option Two

NET AMT

Port Charges Option Two

NET AMT

Fuel Charges Option Two

NET AMT

Charter Hire Option Three

NET AMT

Port Charges Option Three

NET AMT

Fuel Charges Option Three

NET AMT

Charter Hire Option Four

NET AMT

Port Charges Option Four

NET AMT

Fuel Charges Option Four

NET AMT

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 may 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;

(E) Condition, operability, and certification of required safety and firefighting equipment;

(F) Operability and safety of engineering spaces and equipment;

(G) Bunker survey;

(H) Condition of all equipment required under this Charter;

(I) Condition (tightness and preservation) of cargo access equipment including hatch covers, between-deck covers, doors, ramps, ports, and elevators;

(J) Condition of holds.

(ii) The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor.

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

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

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

(3) Service Inspection

(i) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may –

(A) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(B) Reduce the contract price to reflect the reduced value of the services performed.

(ii) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may –

(A) By contract or otherwise, perform the services and charge the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(B) Terminate the contract for default.

*(b) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes (tailored) Changes within the general scope of any of the terms and conditions of this Contract may be ordered by the Contracting Officer. If any such change causes an increase or decrease in the cost of performance, such change will be the subject of a bilateral modification to the Contract. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

*(d) Disputes This contract is subject to 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) (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.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of…