RFP N3220523R4017.pdf

SEE ADDENDUM

(No Collect Calls)

N3220523R4017 20-Jan-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

04:30 PM 20 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JASON DASSOW

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-48

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483111

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF151

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

MSC TANKTIME 2022 (09-22) 3

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Period - Charter Hire

FFP

Base Period - Charter Hire 366 Days FOB: Destination V124

NET AMT

Base Period - Reimbursables

FFP

Base Period - Reimbursables

MSC TANKTIME 2022 (09-22) 4

Delivery Fee

FFP

Delivery Fee

Redelivery Fee

FFP

Redelivery Fee

OPTION Option One - Charter Hire

FFP

Option One - Charter Hire 365 Days

MSC TANKTIME 2022 (09-22) 5

OPTION Option One - Reimbursables

FFP

Option One - Reimbursables

OPTION Option Two - Charter Hire

FFP

Option Two - Charter Hire 365 Days

OPTION Option Two - Reimbursables

FFP

Option Two - Reimbursables

MSC TANKTIME 2022 (09-22) 6

OPTION Option Three - Charter Hire

FFP

Option Three - Charter Hire 365 Days

OPTION Option Three - Reimbursables

FFP

Option Three - Reimbursables

OPTION Option Four - Charter Hire

FFP

Option Four - Charter Hire 336 Days

MSC TANKTIME 2022 (09-22) 7

OPTION Option Four - Reimbursables

FFP

Option Four - Reimbursables

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

MSC TANKTIME 2022 (09-22) 8

0004 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022-

O0006)

NOV 2021

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

TANKTIME PROFORMA

MILITARY SEALIFT COMMAND

TANKER TIME CHARTER

SEPTEMBER 2022 (09-22)

MSC TANKTIME 2022 (09-22) 9

PREAMBLE

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

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

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and Parts I through IX.

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

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

MSC TANKTIME 2022 (09-22)

LIST OF EFFECTIVE CHANGES

Revision Number

Description Date

N/A Part II FAR 52.212-4 Contract Terms and Conditions - Commercial Items (NOV 2021); updated.

Sep 2022

Part III(d)(2) Qualifications; paragraph revised.

Part III(m) Press Release; added.

Part III(n) Vessel Name Release; added.

Part IV(o)(1) Provisions, Insurance, Wages, Fees, and Other Expenses;

paragraph revised.

Part IV(ad)(5); amended to read, “Reserved.”

Part IV(ad): Deleted last paragraph.

Part VI FAR 52.212-5; updated.

Part VIII(b)42 DFARS 252.204-7018 Prohibition on the Acquisition of Covered

Defense Telecommunications Equipment or Services; added and checked.

Part VIII(c)(9) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008); added and checked.

Part X(b)(16)(xiv); revised to read: Dependent upon response(s) to FAR 52.204- 26, completed FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment (see TANKTIME Part XII).

Part X(b)(16)(xx) Completed DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (See TANKTIME Part XII.); added.

Part X(b)(16)(xxi) Dependent upon response to DFARS 252.204-7016, completed DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (see TANKTIME Part XII); added.

Part XI(d) Past Performance; paragraph revised. Added last three sentences.

Part XII(c)(3) FAR 52.212-3; updated.

Part XIII(b)(4) DFARS 252.204-7016 Covered Defense Telecommunications

Equipment or Services—Representation (DEC 2019); added.

Part XIII(b)(5) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021); added.

MSC TANKTIME 2022 (09-22) ii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TANKER TIME CHARTER

TABLE OF CONTENTS

PART PAGE NO.

I. TANKTIME BOXES I-1 – I-9

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) II-1 – II-14

(a) Inspection (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Risk of loss (tailored)

(k) Taxes (tailored)

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

(o) Warranty (tailored)

(p) Limitation of Liability

(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

(v) Incorporation by Reference

III. TANKER TIME TERMS AND CONDITIONS (Addendum to

FAR 52.212-4) III-1 – III-8

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Cargo Receipt

(g) Loading and Discharging

(h) Oil Pollution Spill

(i) Safety in Loading and Discharging Cargo

(j) Deck Cargo

(k) Description of Vessel

(l) Spain-Gibraltar Prohibition

(m) Press Release

(n) Vessel Name Release

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV-1 – IV-32

MSC TANKTIME 2022 (09-22) iii

(a) General Definitions

(b) Delivery

(c) Redelivery

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance (h-1) War (h-2) Government War Risk Insurance/Indemnity

(i) Readiness

(j) Off-Hire

(k) Supercargo and Government Designated Representatives

(l) Time Lost

(m) Negligence of Pilots

(n) Port Charges and Expenses

(o) Owner’s Obligation

(p) Fuel

(q) Reduced Operational Status (Layup)

(r) Waiver of Claims

(s) Charter Not a Demise

(t) Subcharter

(u) General Average

(v) Salvage

(w) Limitations

(x) Alterations

(y) Reimbursable Supplies and Services (Charters)

(z) Standards of Appearance

(aa) Savings

(ab) Law Governing

(ac) Substitution

(ad) MSC Shipboard Antiterrorism /Force Protection Measures

(ae) Payment

(af) Special Requirements

(ag) Statutory Employee

(ah) In-Transit Visibility

(ai) Security Threat

(aj) Immunizations (U.S.-flag Only)

(ak) Changes Applicable to Foreign Flag Awards Only

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Reserved

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Reserved

(ar) Contractor’s Notice Regarding Litigation

(as) Sovereign Immunity

V. TANKER TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-7

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

(a) Security Clearance

(b) Fuel Monitoring

(c) Automated External Defibrillator (AED)

MSC TANKTIME 2022 (09-22) iv

(d) Both to Blame

(e) Tugs and Barges

(f) Contractor Security (CS)

(g) Communications

(h) Secure Space

(i) Cadet/Midshipmen

(j) Vessel Name Release

(k) Contract Points of Contact

(l) Option to Purchase Time Chartered Vessel

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS VI-1 – VI-9

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS VII-1 – VII-9

(a) Required for all contracts

(1) FAR 52.203-3 Gratuities

(2) DFAR 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(3) Reserved

(4) Reserved

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

(b) Required for contract(s) greater than $1,000,000.00

(1) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(c) Required for contract(s) greater than $500,000.00

(1) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(d) Required for contract(s) exceeding the Simplified Acquisition Threshold (SAT)

(1) DFARS 252.225-7012 Preference for Certain Domestic Commodities

(2) DFARS 252.243-7002 Requests for Equitable Adjustment

(e) Required for contract(s) awarded to a U.S. vendor

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

(f) Required for contract(s) awarded to a U.S. flag vessel

(1) DFARS 252.247-7027 Riding Gang Member Requirements

(g) Required for contract(s) for which the offeror made a negative response to the inquiry in the provision at 252.247-7022, Representation of Extent of Transportation by Sea

(1) DFARS 252.247-7024 Notification of Transportation of Supplies by Sea

(h) Required by Contracting Officer as applicable

(1) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(2) DFARS 252.203-7003 Agency Office of the Inspector General

(3) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (4) DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors

(5) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(6) DFAR 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

(7) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(8) DFARS 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors

MSC TANKTIME 2022 (09-22) v

(9) DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

(10) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(11) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(12) DFARS 252.211-7003 Item Unique Identification and Valuation

(13) DFARS 252.211-7006 Passive Radio Frequency Identification

(14) DFARS 252.211-7007 Reporting of Government-Furnished Property

(15) DFARS252.211-7008 Use of Government-Assigned Serial Numbers

(16) DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations

(17) DFARS 252.215-7003 Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation

(18) DFARS 252.215-7004 Requirement for Submission of Data other Than Certified Cost or Pricing Data—Modifications—Canadian Commercial Corporation

(19) DFARS 252.215-7007 Notice of Intent to Resolicit

(20) DFARS 252.215-7008 Only One Offer

(21) (i) DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

(ii) Alternate I

(22) (i) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts

(ii) Alternate I

(23) DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program

(24) DFARS 252.219-7000 Advancing Small Business Growth

(25) DFARS 252.219-7012 Competition for Religious-Related Services

(26) DFARS 252.223-7008 Prohibition of Hexavalent Chromium

(27) (i) DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate

(ii) Alternate I

(28) (i) 252.225-7001 Buy American and Balance of Payments Program

(ii) Alternate I

(29) DFARS 252.225-7006 Acquisition of the American Flag

(30) DFARS 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

(31) DFARS 252.225-7008 Restriction on Acquisition of Specialty Metals

(32) DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals

(33) DFARS 252.225-7010 Commercial Derivative Military Article—Specialty Metals Compliance

(34) DFARS 252.225-7012 Preference for Certain Domestic

(35) DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools

(36) DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings

(37) DFARS 252.225-7017 Photovoltaic Devices

(38) DFARS 252.225-7018 Photovoltaic Devices—Certificate

(39) (i) DFARS 252.225-7020 Trade Agreements Certificate

(ii) Alternate I

(40) (i) DFARS 252.225-7021 Trade Agreements

(ii) Alternate II

(41) DFARS 252.225-7023 Preference for Products or Services from Afghanistan

(42) DFARS 252.225-7024 Requirement for Products or Services from Afghanistan

(43) DFARS 252.225-7026 Acquisition Restricted to Products or Services from Afghanistan

(44) DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales

(45) DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments

(46) DFARS 252.225-7029 Acquisition of Uniform Components for Afghan Military or Afghan National Police

(47) DFARS 252.225-7031 Secondary Arab Boycott of Israel

(48) (i) DFARS 252.225-7035 Buy American—Free Trade Agreements—

MSC TANKTIME 2022 (09-22) vi

Balance of Payments Program Certificate

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(49) (i) DFARS 252.225-7036 Buy American--Free Trade Agreements— Balance of Payments Program

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(50) DFARS 252.225-7037 Evaluation of Offers for Air Circuit Breakers

(51) DFARS 252.225-7038 Restriction on Acquisition of Air Circuit Breakers

(52) DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States

(53) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

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

(55) DFARS 252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations

(56) DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

(57) DFARS 252.225-7051 Prohibition on Acquisition for Certain Foreign Commercial Satellite Services

(58) DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten as prescribed in 225.7018-5.

(59) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns

(60) (i) DFARS 252.227-7013 Rights in Technical Data–Noncommercial Items

(ii) Alternate I

(iii) Alternate II

(61) (i) DFARS 252.227-7015 Technical Data–Commercial Items

(ii) Alternate I

(62) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data

(63) DFARS 252.229-7014 Taxes—Foreign Contracts in Afghanistan

(64) (i) DFARS 252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement)

(ii) Alternate I

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

(66) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(67) DFARS 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

(68) DFARS 252.232-7010 Levies on Contract Payments

(69) DFARS 252.232-7011 Payments in Support of Emergencies and Contingency

(70) DFARS 252.232-7014 Notification of Payment in Local Currency (Afghanistan)

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

(72) DFARS 252.237-7019 Training for Contractor Personnel Interacting with Detainees

(73) DFARS 252.239-7009 Representation of Use of Cloud Computing

(74) DFARS 252.239-7010 Cloud Computing Services

MSC TANKTIME 2022 (09-22) vii

(75) DFARS 252.239-7017 Notice of Supply Chain Risk

(76) DFARS 252.239-7018 Supply Chain Risk

(77) DFARS 252.243-7002 Requests for Equitable Adjustment

(78) DFARS 252.244-7000 Subcontracts for Commercial Items

(79) DFARS 252.246-7003 Notification of Potential Safety Issues

(80) DFARS 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

(81) DFARS 252.246-7008 Sources of Electronic Parts

(82) DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(83) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

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

(ii) Alternate I

(iii) Alternate II

(85) DFARS 252.247-7025 Reflagging or Repair Work

(86) DFARS 252.247-7026 Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade

(87) DFARS 252.247-7027 Riding Gang Member Requirements

(88) DFARS 252.247-7028 Application for U.S. Government Shipping

Documentation/Instructions

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES VIII-1 – VIII-8

(a) FAR 52.252-2 Clauses Incorporated by Reference

(b) Required FAR and DFARS Clauses by Contracting Officer as Applicable (Incorporated By Reference)

(1) FAR 52.204-4 Printed or Copied Double-Side on Postconsumer Fiber Content Paper

(2) FAR 52.232-18 Availability of Funds

(3) FAR 52.245-1 Government Property

(4) DFARS 252.201-7000 Contracting Officer’s Representative

(5) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

(6) DFARS 252.204-7000 Disclosure of Information

(7) DFARS 252.204-7003 Control of Government Personnel Work Product

(8) Reserved

(9) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

(10) DFARS 252.211-7006 Passive Radio Frequency Identification

(11) DFARS 252.215-7007 Notice of Intent to Resolicit

(12) DFARS 252.215-7008 Only One Offer

(13) DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives

(14) DFARS 252.223-7003 Change in Place of Performance – Ammunition and Explosives

(15) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the

United States

(16) DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United

States

(17) DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

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

(19) DFARS 252.245-7003 Contractor Property Management System Administration

(20) DFARS 252.245-7004 Reporting, Reutilization, and Disposal

(21) DFARS 252.247-7025 Reflagging or Repair Work

(22) FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act)

(23) DFARS 252.232-7007 Limitation of Government’s Obligation

(24) FAR 52.232-39 Unenforceability of Unauthorized Obligations

(25) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(26) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense

MSC TANKTIME 2022 (09-22) viii

Information Controls

(27) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(28) DFARS 252.247-7027 Riding Gang Member Requirements

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

(30) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

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

(32) FAR 52.204-17 Ownership or Control of Offeror

(33) FAR 52.204-18 Commercial and Government Entity Code Maintenance

(34) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(35) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(36) Reserved

(37) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0022) (AUG 2020)

(38) FAR 52.204-13 System for Award Management Maintenance

(39) DFARS 252.204-7020 NIST SP 800-171 DOD Assessment Requirements

(40) DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

(41) DFARS 252.233-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

(42) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

(43) FAR 52.204-2 Security Requirements (MAR 2021)

(44) FAR 52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (APR 2014)

(45) FAR 52.217-5 Evaluation of Options (JUL 1990)

(46) FAR 52.219-6 Notice of Total Small Business Set-Aside

(47) FAR 52.219-14 Limitations of Subcontracting

(48) FAR 52.222-50 Combating Trafficking in Persons (NOV 2020)

(49) FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (MAY 2020)

(50) FAR 52.242-15 Stop Work Order (AUG 1989)

(51) FAR 52.245-9 Use and Charges (APR 2012)

(52) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016)

(53) DFARS 252.211-7007 Reporting of Government Furnished Property (AUG 2012)

(54) DFARS 252.237-7023 Continuation of Essential Contractor Services (OCT 2010)

(55) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services

(OCT 2010)

(56) DFARS 252.219-7003 Small Business Subcontracting Reporting (DEVIATION 2019-O0005)

(57) DFARS 252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019)

(58) DFARS 252.225-7980 Contractor Personnel Performing in the United States Africa Command Area of Responsibility (DEVIATION 2016-O0008)

(59) DFARS 252.225-7987 Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (DEVIATION 2021-O0004)

(60) DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy

(DEVIATION 2020-O0022)

(61) DFARS 252.225-7995 Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2017-O0004)

(62) DFARS 252.245-7004 Refusal, Reutilization, and Disposal (DEVIATION 2022 O0006)

MSC TANKTIME 2022 (09-22) ix

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

(1) FAR 52.204-7 System for Award Management (SAM)

(2) FAR 52.217-8 Option to Extend Services

(3) FAR 52.217-9 Option to Extend the Term of the Contract

(4) Reserved

(5) Reserved

(6) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(7) MSC Specific Wide Area Workflow (WAWF) Instructions

(8) DFARS 252.232-7010 Levies on Contract Payments

(9) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

IX. ATTACHMENTS IX-1 – IX-6

(a) Attachment IX(A) - Guidelines for Full/Partial Off-Hire Percentages on Readiness Issues

(b) Attachment IX(B) - US Department of Labor Wage Determination

(c) Attachment IX(C) - Reserved

(d) Attachment IX(D) – Reserved

(e) Attachment IX(E) – Government Furnished Property (GFP)

(f) Attachment IX(F) – Basic Pricing Data

(g) Attachment IX(G) – Crew Complement

(h) Attachment IX(H) – DD Form 254, Contract Security Classification Specification

(i) Attachment IX(I) – Performance Work Statement (PWS)

(j) Attachment IX(J) – Technical Offer Worksheet

(k) Attachment IX(K) – Anti-Terrorism/Force Protection (AT/FP) Training Requirements

(l) Attachment IX(L) – CBRN Requirement

(m) Attachment IX(M) – Specifications for Chemical, Biological, and Radiological Defense (CBR-D) Decontamination Station

(n) Attachment IX(N) – Shipboard Security System (SSS) Requirements

(o) Attachment IX(O) – CONSOL Station Requirement

(p) Attachment IX(P) – Disclosure of Lobbying Activities (SFLLL)

(q) Attachment IX(Q) – Mission Essential Contractor Services Plan (MECSP) Worksheet

(r) Attachment IX(R) – Contract Data Requirement List (CDRL)

(s) Attachment IX(S) – MSC Standard Operation Manual (SOM)

(t) Attachment IX(T) – Request for Clarifications

X. INSTRUCTIONS TO OFFERORS X-1 – X-8

(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))

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

(b) Submission of Offers (tailored)

(c) Period for Acceptance of Offers (tailored)

(d) Vessel Substitution (tailored)

(e) Multiple Offers

(f) Late Submissions, Modifications, Revisions, and Withdrawals of Offers

(g) Contract Award

(h) Multiple Awards

(i) Availability of Requirements Documents Cited in the Solicitation

(j) Unique Entity Identifier (UEI)

(k) Reserved

(l) Debriefing

MSC TANKTIME 2022 (09-22) x

(m) Service of Protest (added)

(n) Reserved

(o) Classified Requirement

(2) FAR 52.212-1 (Addendum) Additional Instructions to Offerors— Commercial Items

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-31

(a) FAR 52.252-1 Solicitation Provisions Incorporated by Reference

(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

(2) FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(c) Required (Incorporated by Full Text)

(1) FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(2) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

(3) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022)) with Alternate I (OCT 2014)

(4) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation (DEC 2016)

(5) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

(6) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(7) FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

(JUN 2020)

(8) FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

(9) FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS XIII-1 – XIII-7

(a) Required (Incorporated by Reference)

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

(2) DFARS 252.215-7016 Notification to Offerors-Postaward Debriefings (MAR 2022)

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

(b) Required (Incorporated by Full Text)

(1) DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under any Federal or State Law

(2) Reserved

(3) Reserved

(4) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

(5) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)

(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 (NOV 2008)

MSC TANKTIME 2022 (09-22) I-1

MSC TANKTIME 2022

Vessel(s):

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

PART I - TANKTIME BOXES

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

1. Vessel(s) Required:

The vessel requirements are provided as Attachment I- Performance Work Statement (PWS).

2. Place/Range of Delivery:

Sea of Japan/Western Pacific Range, Port is Charterer’s option.

3. Place/Range of Redelivery:

Sea of Japan/Western Pacific Range, Port is Charterer’s option.

4. Charter Period

Base period of 12 months with three 1-year option periods and one 11-month option period.

5. Laydays:

Commencing: 16 September 2023

Cancelling: 30 November 2023

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

Part V(a)(B), (b), (c), (g), (h), (i), (k), and (l) apply.

Vessel(s) :

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

MSC TANKTIME 2022 (09-22) I-ii

MSC TANKTIME 2022 (09-22) I-3

7. Vessel/Flag/Year Built: 8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (name, address, phone, e-mail, fax):

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

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

12. Remittance Address for Hire (if other than Box 11)

Full Operational Status (FOS) – Per Day

13. Base Period: 366 Days $

14. 1st Option: 365 Days $

15. 2nd Option: 365 Days $

16. 3rd Option: 365 Days $

17. 4th Option: 336 Days $

18. Reserved

19. Delivery/Redelivery Bonuses: Must be Explained by Offeror

20. Reserved N/A

21. Laydays Proposed: 22. Estimated Readiness Date:

MSC TANKTIME 2022 (09-22) I-4

VESSEL DATA

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

24. Place built: 25. Year built: Flag:

26. INMARSAT Identification No. 27. Vessel's e-mail/fax:

28. Call Letters: 29. Official Number:

30. Net registered tonnage: 31. Panama Canal tonnage:

32. Gross registered tonnage: 33. Suez Canal tonnage:

34. Beam (extreme)

a. ft: b. m:

35. Length Overall:

a. ft: b. m:

36. Immersion (on draft in Box 36):

a. LT/in: b. t/cm:

37. Length between perpendiculars:

a. ft: b. m:.

38. Summer mean draft:

a. ft b. m:

39. Deadweight capacity (on draft in Box 36)

a. LT: b. t:.

40. Displacement, loaded (on draft in Box 36):

a. LT/in: b. t/cm:

41. Summer Load Line Freeboard:

a. ft: b. m:.

42. Shaft Horsepower:

a. hp: b. kW

43. Brake Horsepower:

a.. hp: b. kW:

44. Nationality of Master, Officer, and crew: 45. Number of people other than crew that can be carried:

46. Classification society entered and class assigned:

47. ISM certification? _____Yes _____No If yes, expiration date:

48. Insured value of Vessel (USD): 49. Vessel's present position/destination:

50. Last drydock date (mm/dd/yy): 51. Next drydock date (mm/dd/yy):

52. MarAd subsidized vessel? _____Yes _____No

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

54. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS

55. Number of cargo tanks: 56. Number of natural segregations with double valves:

57. Number of grades of cargo that can be loaded/discharged simultaneously, using separate lines, pumps, and manifold connections:

MSC TANKTIME 2022 (09-22) I-5

58. Cargo cubic capacity (98% full ex slop tanks)

a. Bbls: b. m3:

59. Segregated clean ballast tank cubic capacity (98% full)

a. Bbls: b.. m3:

60. Slop tank capacity (98% full)

61. 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)

62.

SYSTEM # TANK # PORT CENTER STARBOARD SUBTOTALS

63. Manufacturer/type/designation of tank coating(s):

64. Number of manifolds on each side: 65. Composition of manifolds:

66. Distance, bow to center manifold:

a. ft.: b. m:

67. Distance, stern to center manifold:

68. Distance, rail to center manifold:

69. Distance, deck to center manifold:

70. Last cargo: 71. Next-to-last cargo

72. Heating coils/composition (describe):

73. Inert gas system (describe):

74. Vapor recovery system (describe):

MSC TANKTIME 2022 (09-22) I-6

PUMPS

75. Number and type of cargo pumps:

76. Capacity of cargo pumps (at 100 psi at manifold):

a. Bbls per hour: b. m3 per hour:

77. Number and type of stripping pumps:

MSC TANKTIME 2022 (09-22) I-7

78. Capacity of stripping pumps (at 100 psi at manifold):

GEAR

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

MOORING ARRANGEMENTS

80. Number, location, brake holding power of mooring winches:

81. Number, length, and diameter of wires:

82. Breaking strength of wires:

83. Number, length, diameter of mooring ropes:

84. Breaking strength of mooring ropes:

CASUALTIES / DEFICIENCIES / WARRANTS

85. 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.

86. 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.

87A. Are any deficiencies lodged by any regulatory body outstanding against the Vessel. If yes, include a full description.

MSC TANKTIME 2022 (09-22) I-8

87B. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

INSPECTIONS

88. List oil company vetting inspections conducted during the past year and date of expiration.

FUEL CONSUMPTION AT SERVICE SPEEDS

89. Average warranted speed (knots, for laden, moderate weather):

90. Average warranted speed (knots, for ballast, moderate weather):

91. Average fuel consumption (net bbls at 60F and grade(s): for laden, moderate weather passage at speed identified in Box 87):

92. Average fuel consumption (net bbls at 60F and grade(s): for ballast, moderate weather passage at speed identified in Box 88):

93. Auxiliaries underway fuel consumption (net bbls at 60F and grade(s), only if not elsewhere identified):

94a. In-port idle period fuel consumption (net bbls at 60F and grade(s)):

94b. In-port discharge period fuel consumption (net bbls at 60F and grade(s)):

MSC TANKTIME 2022 (09-22) I-9

95. 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)

96: Grades Consumed:

97a. LADEN TO SUMMER MARKS 97b. BALLAST

Knot s

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>

MSC TANKTIME 2022 (09-22) I-10

98. Minimum Vessel fuel specifications:

MSC TANKTIME 2022 (09-22) I-11

CONTINUATION

99. Space for continuation of responses (refer to prior box numbers) Box No. Description

MSC TANKTIME 2022 (09-22) I-12

MSC TANKTIME 2022 (09-22) II-1

PART II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS (NOV 2021)

(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, MSC TANKTIME 2022 (09-22) II-2

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 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

MSC TANKTIME 2022 (09-22) II-3

This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS (TAILORED)

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. Additional definitions are listed in Part IV.

(f) EXCUSABLE DELAYS (TAILORED)

(1) Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion;

earthquake; or explosion. 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, 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

MSC TANKTIME 2022 (09-22) II-4

(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…