SF 1449 - N3220525R6002.pdf

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Attached to
33-DAY DRY CARGO TIME CHARTER Federal contract opportunity
Solicitation number
N3220525R6002
Issued by
Department of the Navy Military Sealift Command

About this file

This document is a Standard Form 1449 (SF 1449) solicitation for a 33-day dry cargo time charter issued by the Military Sealift Command (MSC) Norfolk, with solicitation number N3220525R6002. The government seeks one U.S. or foreign flag vessel capable of carrying a minimum of 180 TEUs while meeting HAZMAT compatibility requirements, with a maximum length of 1,000 ft, laden draft not exceeding 31.5 ft, and a minimum laden speed of 13 knots. The vessel will deliver cargo from Hiro, Kure City (Japan) to Military Ocean Terminal Concord, CA, with laydays commencing 24 June and cancelling 10 July 2025.

The solicitation is a total small business set-aside with a North American Industry Classification System (NAICS) code of 483111 and is conducted under Federal Acquisition Regulation (FAR) 13.5 simplified procedures. The contract will be a firm-fixed-price arrangement with three primary line items: charter hire for 33 days, delivery/redelivery bonus, and fuel (pass-through). The solicitation includes various standard federal contract provisions related to small business utilization, labor standards, and contractor responsibilities. Offers are due by 10:00 AM Eastern Time on 29 May 2025, with the period of performance approximately 33 days from the specified laydays.

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25R6002 RFP Amendment 0002.pdf PDF
WD 2019-0288 REV22.txt TXT text file
Fuel Consumption Template.xlsx XLSX spreadsheet

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Text version

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Continuation

33-day Dry Cargo Time Charter

N3220525R6002

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 CHARTER HIRE

Pricing Arrangement: Firm Fixed Price

33 Days

0002 DELIVERY/REDELIVERY BONUS

Pricing Arrangement: Firm Fixed Price

1 Job

0003 FUEL (PASS-THROUGH)

Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

22 May 2025

This is the Military Sealift Command Norfolk, Strategic Sealift Program Support Office

SOURCES SOUGHT NOTICES, RFP'S, AMENDMENTS AND CONTRACT AWARDS WILL BE POSTED TO

. THE SAM.GOV WEBSITE (ONLY) UNTIL FURTHER NOTICE

HTTPS://SAM.GOV

PROFORMA DOCUMENTS WILL BE MADE AVAILABLE UPON REQUEST.

Subj: RFP N3220525R6002

Ref: (a) SF 1449

(b) MSC DRYTIME 2024 (REV. 1 (12-24))

This acquisition is being conducted under FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. Only FAR Part 13 procedures will be used to solicit and evaluate proposals submitted by owners /offerors. Per FAR 52.216-1, the Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

MSC Strategic Sealift Program Support Office, N103A, requests proposals for vessel(s) capable of meeting the transportation requirements described below. The paragraph numbers below apply to the box layout of references (a) and (b), which are incorporated herein by reference (available on the MSC web site at , under https://www.msc.usff.navy.mil "Business "Opportunities", select "Contracts", then "Proforma", or upon request), and shall be the charter form of any contract resulting from this solicitation. By submission of a proposal, the Owner/Offeror confirms agreement with all terms and conditions of this solicitation and the charter form, unless otherwise identified therein.

Notes:

1. DUE TO INCREASED E-MAIL SECURITY, IT MAY TAKE LONGER FOR E-MAILS TO BE RECEIVED IN THE APPROPRIATE IN-BOX, ESPECIALLY WHEN AN E-MAIL IS HOSTED IN A FOREIGN COUNTRY;

SOME E-MAILS ARE DELAYED IN EXCESS OF HOURS. OFFERORS ARE ENCOURAGED TO SUBMIT

OFFERS AS SOON AS POSSIBLE. NO JPEG FILES.

2. IN REFERENCE TO THE PROFORMA'S "WAR" SECTION, CONTRACTORS ARE NOTIFIED THAT

THE RED SEA, THE BAB AL-MANDEB STRAITS, AND GULF OF ADEN ARE DESIGNATED IMMINENT

DANGER PAY LOCATIONS; MSC CIVMARS RECEIVED IMMINENT DANGER PAY OF $225 FOR THE

ENTIRE MONTH OR $7.50 PER DAY WHILE IN THE AREA.

N3220525R6002 https://www.msc.usff.navy.mil/

A. STANDARD FORM 1449 BOXES

I. Standard Form 1449 Boxes

2. Contract No.: Will be provided upon award

5. Solicitation No.: N3220525R6002

6. Solicitation Issue Date: 22 May 2025

7. For Solicitation Information and Submittal of Proposals/Offers: Email Brandon Page at brandon.a.page.civ@us.

navy.mil; 564-226-1239 and Nic Hatcher at eric.n.hatcher2.civ@us.navy.mil ; 564-230-3114

8. Offer Due Date: Thursday, 29 May 2025, at 1000 Eastern Time

9. Issued by: Military Sealift Command Norfolk, 471 East C Street, Bldg. SP 64, Naval Station Norfolk, Norfolk, VA 23511-2419 (Code: N32205)

10. This Acquisition is: Total Small Business Set-Aside; NAICS Code: 483111

14. Method of Solicitation: RFP

18a. Payment will be made by: ERP DFAS-CL (Pay DoDAAC N50082). Submit electronic invoices IAW Part VIII

(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions.

18b. Submit invoices to: See Part VIII(7) MSC Specific Wide Area Work Flow (WAWF) Instructions.

27a. Solicitation incorporates by full text FAR 52.212-1, 52.212-3 Alt I, 52.212-4 and 52.212-5, tailored as indicated and appropriate.

PART I - DRYTIME BOXES:

1. Vessel Required:

A. One, U.S. or foreign flag, self-sustaining vessel capable of carrying a minimum of 180 TEUs while satisfying all applicable regulatory HAZMAT compatibility and segregation requirements.

B. Maximum Length Overall (LOA) not to exceed 1,000 ft. /305 m.

C. Laden draft not to exceed 31.5ft/ 9.6m.

D. Minimum laden speed shall be 13 knots.

E. Container average weight of 24,500 lbs. Maximum container weight of 41,000 lbs.

F. Packing List: Contact MSC Contracting for packing list to be used for stow plan.

G. Intended Hazardous Material (without Guarantee):

- Hazard Class 1 material, Divisions 1.1 through 1.4S

- Hazard Class 2 material, Division 2.2S

- Hazard Class 4 material, Division 2

- Hazard Class 9 material, Division 9S.

2. Place / Range of Delivery:

Hiro, Kure City (Japan)

3. Place / Range of Redelivery:

Military Ocean Terminal Concord, CA (USA)

4. Charter Period:

About 33 days

5. Laydays:

Commencing/Cancelling: 24 June - 10 July 2025.

Itinerary: Provide vessel's itinerary confirming vessel can meet laydays in accordance with Part I, DRYTIME Box 16.

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

Special requirements:

A. Supercargo: Pursuant to PART IV(k), a minimum of two supercargo.

B ): . CALL OUT PART V (i Lashing Gear

C. : CALL OUT PART V (j) Spreader Bar

D. : CALL OUT PART V (k) Segregation

E. : CALL OUT PART V (l) Self-Sustaining

F. : CALL OUT PART V (m) 1-4, 6, 7: Certificates

G. : CALL OUT PART V (n) Stow Plan

H. : CALL OUT PART V (o) Fully Bunkered

I. AMEND PART III (c)vi POSITION REPORTS to add the following:

MSC_N321A_DryCargo@us.navy.mil

MSC_BWC@us.navy.mil

MSCPAC-SEALIFT-S.FCT@navy.mil

Richard.l.preston4.civ@mail.mil

Curtis.l.mcclure.civ@mail.mil

John.w.Genzler.civ@us.navy.mil

Jason.g.butler2.mil@us.navy.mil

Thaddeus.reap.civ@us.navy.mil

J. : Acknowledgement Owner/ Offeror shall submit a warranty that the Owner/ Offeror acknowledges and will meet all requirements of the solicitation.

1. Owner/ Offeror submit items: 1A, 5, 6F, 6G

2. Owner/ Offeror's warranty validates acknowledgment of items: 1.B-G, 2, 3, 4, 6A-E, 6H- 6I.

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. - REPUBLIC OF

KOREA (ROK) STATUS OF FORCES AGREEMENT (SOFA)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) USFKI 4901.01, which can be found under the "publications" tab on the U.S. Forces Korea homepage at http://www.usfk.mil.

(a) Definitions. As used in this clause--

"U.S. - ROK Status of Forces Agreement" (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended.

"Combatant Commander" means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

"United States Forces Korea" (USFK) means the subordinate unified command through which U.S. forces would be sent to the Combined Forces Command fighting components.

"Commander, United States Forces Korea" (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

"USFK, Office of Acquisition Management" (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third-Country contractors under the (IC) and (TR) Program (USFKI 4901.01).

"Responsible Officer (RO)" means a DoD employee (such as a military E5 and above or civilian GS-7/KGS-07 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval from the Office of Acquisition Management, USFK (FKAQ), Unit #15289, APO AP 96271-5289.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFKI 4901.01. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFKI 4901.01. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property (GFP) or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S.

Government contracts IAW the SOFA.

(f) The contractor's direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK instruction(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases, in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK SA and RO on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFKI 4901.01.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) IC/TR status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK instructions.

(l) It is agreed that the withdrawal of IC or TR status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract.

Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFKI 4901.01, Enclosure A, paragraph 4 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and directives. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable -

(1) United States, host country, and third-country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.

e., "off-limits"), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees /dependents must have either a Korean driver's license or a valid international driver's license to legally drive on Korean roads, and must have a USFK driver's license to legally drive on USFK installations. Contractor employees/dependents will first obtain a Korean driver's license or a valid international driver's license then obtain a USFK driver's license.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third-country national contractor personnel.

(3) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non-emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Notice)

REPLACE PART VI WITH THE FOLLOWING:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003/DEVIATION 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.

C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

XX (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115-390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (Dec 2023) ( Pub. L. 115-390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

XX (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

XX (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C.

2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

XX (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

XX (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

XX (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages--Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

XX (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

XX (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

__ (33) [Reserved]

__ (34) [Reserved]

XX (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

XX (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

XX (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

XX (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.

S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

XX (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.

S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.

C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

XX (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.

S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.

C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

XX (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

XX (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

XX (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.

C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (Dec 2023) ( Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) https://www.acquisition.gov/far/52.212

PART VIII ADDITIONAL FAR AND DFARS CLAUSES; Amend/Add the following:

Add: (b)(61) DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems-- Representation (DEVIATION 2024-O0014) (AUG 2024) - CHECKED

Add: (b)(62) DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems

(DEVIATION 2024-O0014) (AUG 2024) - CHECKED

PART VIII(c)(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions;

VIII(c)(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions

VIII(c)(6)(f)(1)(ii)(A) Not Applicable

VIII(c)(6)(f)(1)(ii)(B) Invoice 2-in-1

VIII(c)(6)(F)(3): Document routing: The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F52.212&data=05%7C02%7Crobbin.a.jefferson.civ%40us.navy.mil%7Cfe7857c322a24299c44208dc5e31b306%7Ce3333e00c8774b87b6ad45e942de1750%7C0%7C0%7C638488814751576230%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=HuqJ%2FB%2FClTyUo%2FZEMGiSvx9RMZ3QCq6xvd%2FRQp1mE1g%3D&reserved=0

Pay Official DoDAAC N50082

Issue By DoDAAC N32205

Admin DoDAAC N32205

Inspect By DoDAAC N62387

Ship To Code N62387

Ship From Code Leave Blank

Mark For Code Leave Blank

Service Approver (DoDAAC) N62387

Service Acceptor (DoDAAC) N62387

Accept at Other DoDAAC Leave Blank

LPO DoDAAC N62387

DCAA Auditor DoDAAC Leave Blank

Other DoDAAC(s) Leave Blank

PART IX. ATTACHMENTS - DRYTIME CHARTER; Add the following:

(B) U.S. Department of Labor Wage Determination 2019-0288, Rev. 22

(C) DRYTIME Fuel Consumption Template

PART X. INSTRUCTIONS TO OFFERORS

Amend Part X(a)(1)(h) Multiple Awards to read: Reserved.

Offerors shall comply with all parts of the solicitation and shall use the guidelines set forth in Part X for submission of offers.

PART XI. FAR 52.212-2 EVALUATION; Amend the following:

Amend PART XI(e) PRICE to read as follows:

XI(e)(a): The offeror's price proposal will be evaluated based on the value of the charter hire rate(s) offered for the entire charter period of (a) days, price for fuel, and any other pricing elements set forth in the offer. For evaluation purposes, 33 the period of performance will consist of (b) days. Fuel calculations will be based upon (c) days underway laden at 33 25 the speed specified in the individual solicitation, using fuel consumptions provided in DRYTIME Boxes 68 and 70; (d) 00 days underway ballast at the speed specified in the individual solicitation, using fuel consumptions provided in DRYTIME Boxes 69 and 70; and (e) days in port idle, using the fuel consumption provided in DRYTIME Box 08

71. This will represent the overall cost to the Government. The proposed price(s) must be determined to be fair and reasonable.

XI(e)(b): Add the following to the body of the already-existing paragraph: MGO/MDO: per metric ton.$1,068.87

Amend PART XI(g) Options to read: "Reserved."

THIS CONCLUDES THE CHANGES TO PART I, DRYTIME BOX 6 (TERMS/CONDITIONS/ATTACHMENTS

ADDED, DELETED OR MODIFIED).

SIGNED: NIC HATCHER, CONTRACTING OFFICER, MSC, N103A

Requirements U.S. Transportation Command (USTRANSCOM) requires one, U.S. or foreign flag, self-sustaining vessel capable of carrying a minimum of 180 TEUs while satisfying all applicable regulatory HAZMAT compatibility and segregation requirements, with LOA not to exceed 1,000ft, laden draft not to exceed 31.5ft, and minimum laden speed of 13 knots. The place/range of delivery is Hiro, Kure City (Japan), and the place/range of redelivery is Military Ocean Terminal Concord, CA (USA). The layday commences 24 June and cancels 10 July 2025, and the period of performance will be about 33 days.

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Continuation of Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 24 Jun 2025 To 26 Jul 2025

33 Days

Period of Performance From 24 Jun 2025 To 26 Jul 2025

1 Job

Period of Performance From 24 Jun 2025 To 26 Jul 2025

1 Job

Continuation of Accounting and Appropriation Data

Contract Clauses

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

Addendum to Contract Clauses

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Jan 2017

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

Dec 2023

52.204-7 System for Award Management. Nov 2024 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.203-3 Gratuities. Apr 1984 52.204-17 Ownership or Control of Offeror. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 52.209-5 Certification Regarding Responsibility Matters. Aug 2020 52.209-7 Information Regarding Responsibility Matters. Oct 2018 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan. Oct 2020

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation.

Dec 2016

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.

Jun 2020

52.228-3 Workers' Compensation Insurance (Defense Base Act). Jul 2014 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.242-15 Stop-Work Order. Aug 1989 52.246-4 Inspection of Services-Fixed-Price. Aug 1996

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations- Representation (Deviation 2024-O0006, Revision 1)

Mar 2024 Deviation 2024-O0006 Mar 2024

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

Feb 2024 Deviation 2024-O0006 Feb 2024

252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) Aug 2018 Deviation 2018-O0019 Aug 2018 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7041 Correspondence in English. Jun 1997 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

Jun 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.247-7025 Reflagging or Repair Work. Oct 2024 252.247-7027 Riding Gang Member Requirements. May 2018

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

Sep 2017 Deviation 2017-O0004 Sep 2017

252.225-7987 Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility (DEVIATION 2021-O0004)

Feb 2021 Deviation 2021-O0004 Feb 2021

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

Jun 2016 Deviation 2016-O0008 Jun 2016

252.203-7003 Agency Office of the Inspector General. Aug 2019 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Jan 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Jan 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

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

May 2019

252.215-7007 Notice of Intent to Resolicit. Jun 2012 252.223-7002 Safety Precautions for Ammunition and Explosives.

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