SPECIALTIME 2021 (Rev. 3 (03-22).pdf

MSC SPECIALTIME 2021 (REV. 3 (03-22))

MILITARY SEALIFT COMMAND

SPECIAL TIME CHARTERS (SPECIALTIME SPOT 13.5)

2021 (REV. 3 (03-22))

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.

ii

LIST OF EFFECTIVE CHANGES

Revision

Num.

Description Date

1 Part I Box 10; Added CPARS POC 08 Oct 2021

Part III(d)(1) Conduct of Master, Officers, and Crew; Revised third sentence and added fourth sentence.

Part IV(k) Supercargo And Government Designated Representatives Part

IV(k)(4) Owner Conditions Not Authorized; Added.

Part IV(k)(5) Cadet Training; Added.

Part IV(ad) MSC Shipboard Antiterrorism/Force Protection Measures Part

IV(ad)(1) Added second sentence in the paragraph.

Part V(l) Contractor Security (CS); In the first paragraph, replaced third and fourth sentences.

Part VI FAR 52.212-5; Updated.

PART VII. Contract Terms and Conditions Required to Implement Statutes or

Executive Orders Applicable to Defense Acquisitions of Commercial Items;

Deleted and replaced in its entirety.

Part VIII Additional FAR and DFAR Clauses

Part VIII(b) FAR and DFRAS clauses has been added or deleted as appropriate.

Part VIII(6);WAWF Payment Instructions; Revised as follows:

Part VIII(6)(F)(1)(II)(A) Not Applicable

Part VIII(6)(F)(1)(II)(B) Invoice 2-in-1

Part VIII(6)(F)(3) Document Routing; Revised WAWF

Routing Data Table.

Part 10 Instructions to Offerors; Added or revised as follows:

Part X(a)(1)(c) Submission of offers; Revised first sentence.

Part X(c)13 Form of Submission; Revised.

Part X(c)(18)(iii) Vessel’s Official Number (SPECIALTIME Box 27)(revised from IMO to Official Number to match SPECIALTIME Box 27)

Part X(c)(18)(xiv) Completed FAR 52.229-11 (See SPECIALTIME Part

XII; Added.

Part X(c)(xv) Completed FAR 52.209-7 (See SPECIALTIME Part XII);

Added

Part X(c)(xvi) Completed FAR 52.212-3 w/ Alt 1 (See SPECIALTIME

Part XII; submission in SAM fulfills this requirement.); Added.

Part X(c)(xvii) Completed FAR 52.209-11 (See SPECIALTIME Part

XII; submission in SAM fulfills this requirement.); Added.

Part X(c)(xviii))Name and email address for Contractor Performance

Assessment Reporting System (CPARS) (see DRYTIME Box 10); Added

Part X(c)(xix) Completed FAR 52.204-26 (See SPECIALTIME Part XII;

submission in SAM fulfills this requirement.)

Part XI (a) Evaluation; Amended evaluation language.

Part XI(e)b(1) Updated fuel amount.

Part XII Offeror Reps and Certs; Added or revised as follows:

Part XII(c)(1) FAR 52.209-7; Updated

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

Part XII(c)(5) FAR52.204-24; Updated.

Part XII(c)(6) FAR 52.204.26; Added.

Part XII(c)(7) FAR 52.229-11; Added.

Part XIII(a)(3) DFARS 252.204-7019; Added. (No submission required.)

Note: BETA.SAM.gov has been changed to SAM.gov throughout;

BETA.SAM has been changed to SAM throughout.

iii

2 Part IV(aq) Deleted ECMRA and marked as “Reserved”. 25 Feb 2022

Part VI FAR 52.212-5; Updated.

Part VIII(b)(4) FAR 52.245-1 Government Property; Amended to read

“Not Checked”

Part VIII(b)(41) DFARS 252.233-7999 – Not Checked; Added.

Part VIII(6)(F)(3); Updated Routing Data Table for WAWF to include

U.S. banks/currency and foreign banks/currency tables.

Part VIII(b)(41)DFARS 252.223-7999; amended to read “Not Checked.”

Part X reformatted

Part X(b)(16)(xx) Certification required pursuant to Part XII (c)(8), FAR

52.222-56; Added

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

Part XII(c)(5) FAR 52.204-24; Updated.

Part XII(c)(8) FAR 52.222-56 Certification Regarding Trafficking in

Persons Compliance Plan (OCT 2020); Added

3 Part IX Attachments; Attachments (I), (J), and (K) marked as

“Reserved”.

14 Mar 2022

Part IV(k)(1) Charterer’s Option; revised paragraph.

iv

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTERS

TABLE OF CONTENTS

I. SPECIAL TIME BOXES I-1 – I-11

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a)) II-1 – II-13

(a) Inspection/Acceptance (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. SPECIAL TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) III-1 – III-5

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Reserved

(g) Loading and Discharging v

(h) Oil Pollution Spill

(i) Safety in Loading and Discharging

(j) Reserved

(k) Cleaning

(l) Spain-Gibraltar Prohibition

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4) IV-1 – IV-35

(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) Reserved

(ai) Security Threat

(aj) Immunizations (U.S. -Flag Only) vi

(ak) Changes Applicable to Foreign Flag Awards Only

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Antiterrorism and Physical Security

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Reserved

(ar) Contractor’s Notice Regarding Litigation

(as) Safety Management System

(at) Sovereign Immunity

V. SPECIAL TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4) V-1 – V-11

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

Charter Party)

(a) Security Clearance

(b) Reserved

(c) Navigational Equipment

(d) Fuel Monitoring

(e) Time Charter War Risk Coverage

(f) Automated External Defibrillator (AED)

(g) Reserved

(h) Crew Appearance

(i) Reserved

(j) Reserved

(k) Tugs and Barges

(l) Contractor Security (CS)

(m) Option to Purchase Time Chartered Vessel

(n) Cancellation Fee

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM 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) DFARS 252.227-7015 Technical Data—Commercial Items

(4) DFARS 252.227-7037 Validation of Restrictive Markings on https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063289 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm vii

Technical Data

(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

(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 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252205.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252226.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7005 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7013 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7014 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252205.htm#252.205-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252213.htm#252.213-7000 viii

(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—

Balance of Payments Program Certificate https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm#252.219-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7001 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7007 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7016 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7017 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7018 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7020 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7021 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7023 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7024 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7026 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7027 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7028 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7029 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7031 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7035 ix

(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 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7036 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7037 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7038 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7039 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7040 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7043 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7049 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7050 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7051 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7052 https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_70.htm#225.7018-5 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252226.htm#252.226-7001 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7037 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7014 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7015 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7006 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7010 x

(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

(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 AND DFARS 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 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

Video Surveillance Services or Equipment

(3) FAR 52.232-18 Availability of Funds

(4) FAR 52.245-1 Government Property

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

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

(7) DFARS 252.204-7000 Disclosure of Information https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7011 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7014 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm#252.237-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm#252.237-7019 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7009 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7010 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7017 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7018 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm#252.243-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm#252.244-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm#252.246-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm#252.246-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm#252.246-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7022 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7023 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7025 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7026 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7027 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7028 xi

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

(9) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

(10) 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

(11) DFARS 252.211-7006 Passive Radio Frequency Identification

(12) DFARS 252.215-7007 Notice of Intent to Re-solicit

(13) DFARS 252.215-7008 Only One Offer

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

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

Explosives

(16) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces

Deployed Outside the United States

(17) DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors

Outside the United States

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

Property

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

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

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

(22) DFARS 252.247-7025 Reflagging or Repair Work

(23) Reserved

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

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

(26) FAR 52.232-39 Unenforceability of Unauthorized Obligations

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

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

Information Controls

(29) DFARS 252.247-7027 Riding Gang Member Requirements

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

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

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

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

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

(35) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment

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

(DEVIATION 2020-O0001) (NOV 2019)

(37) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records

(DEVIATION 2020-O0001)

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

(39) DFARS 252.204-7020 Notice of 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 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (DEVIATION 2021-O0009) (OCT 2021) https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7023 https://www.acquisition.gov/content/52204-16-commercial-and-government-entity-code-reporting https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acq.osd.mil/dpap/dars/class_deviations.html https://www.acq.osd.mil/dpap/dars/class_deviations.html https://www.acquisition.gov/far/52.204-13#FAR_52_204_13 https://www.acquisition.gov/dfars/252.204-7020-nist-sp-800-171-dod-assessment-requirements.

https://www.acquisition.gov/dfars/252.232-7017-accelerating-payments-small-business-subcontractors%E2%80%94prohibition-fees-and-consideration.

xii

(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

IX. ATTACHMENTS IX-1 – IX-29

(a) Attachment IX (A) - US Department of Labor Wage Determination

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

(c) Attachment IX(C) - Government Furnished Property (GFP) and Directives

(d) Attachment IX (D) - Basic Pricing Data

(e) Attachment IX (E) - DD Form 254, Contract Security Classification Specification

(f) Attachment IX (F) - Crew Complement

(g) Attachment IX (G) - Vessel Requirements & Performance Work Statement (PWS)

(h) Attachment IX (H) - Request for Clarifications

(i) Attachment IX (I) - Anti-Terrorism/Force Protection (AT/FP) Requirements (Reserved)

(j) Attachment IX (J) - Specifications for Chemical, Biological and Radiological Defense

(CBR-D) Decontamination Station (Reserved)

(k) Attachment IX (K) - Shipboard Security System (SSS) Requirements (Reserved)

(l) Attachment IX (L) - Disclosure of Lobbying Activities (SFLLL)

(m) Attachment IX (M) - COMSCINST 3121.9 Series, MSC Standard Operating Manual

(SOM)

(n) Attachment IX (N) - Contract Data Requirement List (CDRL)

(o) Attachment IX (O) - Mission Cargo Data

(p) Attachment IX (P) - Missions Essential Contractor Services Plan (MECSP) Worksheet

(q) Attachment IX (Q) - Technical Evaluation Worksheet

(r) Attachment IX(R) - Classified Vessel Requirement (Not distributed with Solicitation-post award)

(s) Attachment IX(S) - Fuel Consumption Template

(t) Attachment IX (T) - Shipyard Data Information Template

X. INSTRUCTIONS TO OFFERORS – SPOT CHARTER X-1 – X-9

(a) Required FAR Clauses (Incorporated by Full Text)

(1) FAR 52.212-1 Instructions to Offerors – Commercial Items

(Tailored pursuant to FAR 12.302(a))

(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 Substitutions (tailored) xiii

(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) System for Award Management

(l) Debriefing

(m) Service of Protest (tailored)

(n) FAR 13.5 Acquisition

(2) FAR 52.215-5 Facsimile Proposals

(3) 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)) – SPOT CHARTER 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

(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 (NOV 2021) 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)

xiv

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS XIII-1 – XIII-5

(a) Required (Incorporated by Reference)

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

(2) Reserved

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

Requirements (NOV 2020)

(b) Required (Incorporated by Full Text)

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

(DEVIATION 2012-O0007) (MAR 2012)

(2) Reserved

(3) Reserved

(c) Required DFARS Clause by Contracting Officer as Applicable

(1) 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 SPECIALTIME 2021 (REV. 3 (03-22)) I-1

Vessel(s):

Owner, Unique Entity Identifier (UEI), CAGE

Code, TIN (and TIN of parent, if applicable):

MSC SPECIALTIME

PART I - SPECIALTIME BOXES

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

1. Vessel(s) Required:

2. Place / Range of Delivery:

3. Place / Range of Redelivery:

4. Charter Period):

5. Laydays:

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

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-2

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, 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 10):

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-3

PRICING DATA

BOX NOS., SHIP STATUS, AND EXPENDITURE TYPES

13. FOS

14. ROS Less Than

10 Days

15. ROS 10 Days and

Longer

Base Period: $ ___________ $ ___________ $ ___________

1st Option Period $ ___________ $ ___________ $ ___________

2nd Option Period $ ___________ $ ___________ $ ___________

3rd Option Period $ ___________ $ ___________ $ ___________

4th Option Period $ ___________ $ ___________ $ ___________

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

Longer):

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

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-4

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

20.

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

Offeror IS a VISA Participant Vessel(s) offered IS (ARE)) Enrolled in VISA

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

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

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

22. Place built

23. Year built: Flag:

24. INMARSAT:

25. Vessel's e-mail:

26. Call Letters:

27. Official number:

28. Net registered tonnage:

29. Panama Canal tonnage :

30. Gross registered tonnage:

31. Suez Canal tonnage :

32. Beam (extreme)

a. (ft.) b. (m)

33. Length Overall:

a. (ft.) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft.) b. (m)

36. Summer mean draft:

a. (ft.) b. (m)

37. Deadweight capacity (on draft in Box 36):

a. (LT) b. (t)

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

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft.) b. (m)

40. Shaft Horsepower/kilowatts:

a. (HP) b. (kW)

41. Brake Horsepower/kilowatts:

a. (HP) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MarAd subsidized vessel: Yes _____

Will not be subsidized after post award sale.

No ______

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-5

CARGO CAPACITY (as applicable)

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

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

52. Number of tween decks:

53. Cargo Space

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

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

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

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

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

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

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

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

60. Amount and location of permanent ballast carried:

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

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

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-6

VESSEL CAPACITY (continued)

62. General description of vessel spaces and special features:

Decks: number, size in ft2 and cu ft.; size in m2 and cu m; strength in psf/kPa; arrangement

Holds and Hatches: number and size

Hatch Covers: number, size, composition, and type

Underdeck Height Restriction

Description of lashing points; lashing and securing gear;

type; description; and amount aboard

Barge-Stowage Particulars

Float-on / Float-off Particulars

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-7

GEAR

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

CASUALTIES / DEFICIENCIES / WARRANTS

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

(include full description if "yes")

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

65A. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-8

FUEL CONSUMPTION AT SERVICE SPEEDS

66. Average warranted speed (knots, for laden, moderate weather): 67. Average warranted speed (knots, for ballast, moderate weather):

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

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

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

71. Idle fuel period fuel consumption (net bbls at 60 deg F and grade(s)):

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated):

72: Grades Consumed:

73 A. LADEN 73 B. BALLAST

Knots

Net bbls per mile

Net bbls per day

Operating

Range (NM)

Knots Net bbls per mile Net bbls per day Operating

Range

(NM)

08 08

09 09

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

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-9

FUEL GRADE

74. Minimum vessel fuel specifications

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-10

CONTINUATION

75. Space for continuation of responses (refer to prior box numbers):

MSC SPECIALTIME 2021 (REV. 3 (03-22)) I-11

CONTINUATION

75. Space for continuation of responses (refer to prior box numbers):

MSC SPECIALTIME 2021 (REV. 3 (03-22)) II-1

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

ITEMS (OCT 2018) (tailored pursuant to FAR 12.302(a))

* Indicates that the clause is not tailorable.

^ Indicates that the clause has not been tailored.

(a) INSPECTION (TAILORED)

(1) In General

(i) The Vessel and Associated Equipment shall be subject to the Government's inspection as to suitability for the required service prior to delivery and subject to subsequent inspections at any time during the period of this Charter to determine continuing suitability for the required service as well as to determine whether the material condition of the Vessel and Associated Equipment will prevent effective operation during basic and optional periods (if any) of this Charter. Such inspections may include, but not be limited to:

(A) Condition and operability of all gear including standing and running rigging, cranes, booms, gantries, and status of regulatory body inspections of same;

(B) Condition and operability of navigation, communication, and environmental protection equipment and existence of appropriate technical manuals and onboard spares;

(C) Condition (tightness and preservation) of hull, deck plating, superstructure, divisional bulkheads and the operability of ground tackle;

(D) General material condition and maintenance of the Vessel;

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

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

(G) Bunker survey;

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

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

(J) Condition of holds.

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

MSC SPECIALTIME 2021 (REV. 3 (03-22)) II-2

(iii) If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended services or unable to operate for the remaining period of this Charter as a result of these deficiencies, the

Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter

Party or authorized by law.

(iv) The Vessel horsepower identified in Boxes 40 and 41 shall, if required by the

Contracting Officer, be verified by an independent surveyor approved by the

Government.

(2) Predelivery Inspection. A predelivery inspection of the Vessel may be held at the

Charterer's option; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The

Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this paragraph shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this

Charter Party, whether made at the delivery inspection or at any time during the period of the charter period including options if exercised.

(3) Service Inspection

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

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

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

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

MSC SPECIALTIME 2021 (REV. 3 (03-22)) II-3

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

(B) Terminate the contract for default.

*(b) ASSIGNMENT

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C.3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) CHANGES (TAILORED)

Changes within the general scope of any of the terms and conditions of this Contract may be ordered by the Contracting Officer. If any such change causes an increase or decrease in the cost of performance, such change will be the subject of a bilateral modification to the

Contract. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

*(d) DISPUTES

This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-

613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS (TAILORED)

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

(f) EXCUSABLE DELAYS (TAILORED)

(1) Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of

God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion;

earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, MSC SPECIALTIME 2021 (REV. 3 (03-22)) II-4 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 electronic invoice to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—

Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not…