TUGCON 2020 (Rev. 2 (08-21)).pdf

MSC TUGCON 2020 (Rev. 2 (08-21))

MILITARY SEALIFT COMMAND

TUG CONTRACT (TUGCON – SPOT 13.5)

AUGUST 2020 (REV. 2 (08-21))

Preamble

1. This Request for Proposals (RFP) is a solicitation for offers to perform a contract in accordance with the terms and conditions herein.

2. The contract, when awarded, will consist of the completed Standard Form (SF) 1449, this

Preamble, and Parts I through VI.

3. The signature of the Contracting Officer on SF1449 signifies acceptance of the contractor’s proposal and award of the contract. The SF 1449 and Parts I through VI 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 contract date. In the event that there is any inconsistency between the terms and conditions of this solicitation and those in an offeror’s proposal, this solicitation shall control, unless the offeror clearly indicates that it has offered terms and conditions inconsistent with this solicitation and the Government has accepted the changed terms and conditions. All references to boxes in Parts II through VI shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining

Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter

Party.

MSC TUGCON 2020 (Rev.2 (08-21))

LIST OF EFFECTIVE CHANGES

Revision

Num.

Description Date

Part IV FAR 52.212-5; Updated. 12 Feb 2021

Part V(h)(ix)(BB) DFARS 252.225-7043; Checked.

Part VI(b) Additional Far and DFAR Clauses; Added or amended as follows:

Part VI(b)(16) DFARS 252.225-7043; Checked.

Part VI(b)(35) FAR 52.204-25; Added and checked

Part VI(b)(38) FAR 52.204-13; Added and checked.

Part VI(6);WAWF Payment Instructions; Amended as follows:

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

Part VI(6)(F)(1)(II)(B) Invoice Combo

Part VI(6)(F)(3) Document Routing; Amended WAWF

Routing Data Table.

Part VIII(a)(1)(b) Submission of offers; Amended first sentence.

Part VIII(b)(16) Set of completed TUGCON boxes; Added or amended as follows:

Part VIII(b)(16)(xi) Completed FAR 52.212-3 w/ Alt I; Amended to read:

(See TUGCON Part X; submission in SAM fulfills this requirement.).

Part VIII(b)(16)(xiii) FAR 52.209-11; Amended to read: (See TUGCON

Part X; submission in SAM fulfills this requirement).

Added: Part VIII(b)(16)(xvi) Completed FAR 52.204-26;

(See TUGCON Part X; submission in SAM fulfills this requirement.).

Part X Offeror Reps and Certs; Added or amended as follows:

Part X(3) FAR 52.212-3; Updated.

Part X(5) FAR 52.204-24; Updated.

Part X(6) FAR 52.204.26; Added.

2 Part VI(b)(39) DFARS 252.204-7020; Added. 13 Aug 2021

Part VI(b)(40) DFARS 252.232-7017; Added.

Part VI(b) DFARS 252.232-7006 WAWF Payment Instructions

Part VI(6 (f)(1)(ii)(B) amended to read: “Invoice 2-in-1.

Part VI(6)(f)(3); Amended Routing Data Table Pay Official DoDAAC to

N50082 and added Service Acceptor DoDAAC N62387.

Part VIII(b)(16)(xvii) Completed FAR 52.229-11 Tax on Certain Foreign

Procurements—Notice and Representation (See TUGCON Part XII.);

Added.

Part IX(a) Evaluation; Amended evaluation language.

Part X(c)(7) FAR 52.229-11; Added

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

MSC TUGCON 2020 (Rev. 2 (08-21)) ii

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TUGCON

TABLE OF CONTENTS

PART PAGE NO.

I. TUGCON BOXES I-1 – I-4

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

ITEMS (JAN 2017) (tailored pursuant to FAR 12.302(a)) II-1 – II-10

(a) Inspection (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Towing Liability (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. TUGCON TERMS AND CONDITIONS (Addendum to FAR

52.212-4) III-1 –III-16

(a) General Definitions

(b) Towage Price

(c) Demurrage

(d) Tow-Worthiness of the Tow

(e) Ports

(f) Notice of Readiness

(g) Laytime/Demurrage

(h) Insurance

(i) War

MSC TUGCON 2020 (Rev. 2 (08-21)) iii

(j) Salvage

(k) Position Reports

(l) Nature of Contract

(m) Statutory Exemptions

(n) Permits and Certification

(o) Riding Crew

(p) Cancelling

(q) Ice

(r) Quarantine

(s) Amended Jason Clause

(t) General Average

(u) Time Sheets

(v) Deviation

(w) Agents

(x) Subcontract

(y) Substitution

(z) Reimbursable Supplies and Services, (Charters)

(aa) Invoicing and Payment (Reimbursables)

(ab) Contractor’s Notice Regarding Litigation

IV. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS IV-1 – IV-9

V. CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE

TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS V-1 – V-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

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 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 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

MSC TUGCON 2020 (Rev. 2 (08-21)) iv

(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

(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 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 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

MSC TUGCON 2020 (Rev. 2 (08-21)) v

(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

(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 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 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

MSC TUGCON 2020 (Rev. 2 (08-21)) vi

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

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

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

(ii) Alternate I

(iii) Alternate II

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

(ii) Alternate I

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

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

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

(ii) Alternate I

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

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

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

(68) DFARS 252.232-7010 Levies on Contract Payments

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

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

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

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

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

(74) DFARS 252.239-7010 Cloud Computing Services

(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 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 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

MSC TUGCON 2020 (Rev. 2 (08-21)) vii

VI. ADDITIONAL FAR AND DFARS CLAUSES VI-1 – VI-8

(a) FAR 52.252-2 Clauses Incorporated by Reference

(b) Required FAR and DFARS Clauses by Contracting Officer as

Applicable (Incorporated By Reference)

(1) FAR 52.204-4 Printed or Copied Double-Side on

Postconsumer Fiber Content Paper

(2) FAR 52.232-18 Availability of Funds

(3) FAR 52.245-1 Government Property

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

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

Whistleblower Rights

(6) DFARS 252.204-7000 Disclosure of Information

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

(8) Reserved

(9) DFARS 252.209-7004 Subcontracting with Firms that are Owned or

Controlled by the Government of a Country that is a State Sponsor of Terrorism

(10) DFARS 252.211-7006 Passive Radio Frequency Identification

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

(12) DFARS 252.215-7008 Only One Offer

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

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

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

Deployed Outside the United States

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

Outside the United States

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

Property

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

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

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

(21) DFARS 252.247-7025 Reflagging or Repair Work

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

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

(24) FAR 52.232-39 Unenforceability of Unauthorized Obligations

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

(26) DFARS 252.204-7008 Compliance with Safeguarding Covered

Defense Information Controls

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

Incident Reporting

(28) DFARS 252.247-7027 Riding Gang Member Requirements

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

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

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

(32) FAR 52.204-17 Ownership or Control of Offeror https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063782 https://www.acquisition.gov/content/52232-18-availability-funds https://www.acquisition.gov/content/52245-1-government-property https://www.acquisition.gov/dfars/clauses#_Toc37346249 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7000 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7004 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/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/252223.htm#252.223-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7003 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#252.225-7043 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252245.htm#252.245-7001 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252245.htm#252.245-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252245.htm#252.245-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252245.htm#252.245-7004 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7025 https://www.acquisition.gov/content/52228-3-workers’-compensation-insurance-defense-base-act https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7007 https://www.acquisition.gov/content/52232-39-unenforceability-unauthorized-obligations https://www.acquisition.gov/content/52232-40-providing-accelerated-payments-small-business-subcontractors 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#252.204-7012 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#252.247-7023 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7022 https://www.acquisition.gov/content/52204-16-commercial-and-government-entity-code-reporting https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror

MSC TUGCON 2020 (Rev. 2 (08-21)) viii

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

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

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

Video Surveillance Services or Equipment

(36) 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

(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 Work Flow Payment Instructions

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

(8) DFARS 252.232-7010 Levies on Contract Payments

VII. ATTACHMENTS VII-1 – VII-4

(a) Standard Statement of Facts (Time Sheet)

(b) U.S. Department of Labor Wage Determination

(c) Shipyard Data Information Spreadsheet

VIII. FAR INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a)) VIII-1 – VIII-8

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

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

(tailored pursuant to FAR 12.302(a))

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

(b) Submission of Offers (tailored)

(c) Period for Acceptance of Offers (tailored)

(d) Vessel Substitution (tailored)

(e) Multiple Offers

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

(g) Contract Award

(h) Multiple Awards

(i) Availability of Requirements Documents Cited in the Solicitation

(j) Unique Entity Identifier (UEI) https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance https://www.acquisition.gov/content/52204-21-basic-safeguarding-covered-contractor-information-systems 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.

MSC TUGCON 2020 (Rev. 2 (08-21)) ix

(k) Reserved

(l) Debriefing

(m) Service of Protest (added)

(n) FAR Part 13.5 Acquisition (added)

(2) FAR 52.215-5 Facsimile Proposals

(3) FAR 52.212-1 (Addendum) Additional Instructions to Offerors—

Commercial Items

IX. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS IX-1 – IX-2

X. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED

BY FAR XII-1 – XII-27

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

(b) Required (Incorporated by Reference)

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

Certification

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

(c) Required (Incorporated by Full Text)

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

(2) FAR 52.209-11 Representation by Corporations Regarding Delinquent

Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

(3) FAR 52.212-3 Offeror Representations and Certifications

– Commercial Items (FEB 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 (OCT 2020)

(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)

XI. OFFEROR REPRESENTATIONS AND CERTIFICATIONS REQUIRED

BY DFARS XIII-1 – XIII-5

(a) Required (Incorporated by Reference)

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

MSC TUGCON 2020 (Rev. 2 (08-21)) x

2012-O0007 (MAR 2012)

(2) Reserved

(3) Reserved

(c) Required DFARS Clause by Contracting Officer as Applicable

(1) DFARS 252.247-7026 Evaluation Preference for Use of Domestic

Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

I-1

Tug(s):

MSC TUGCON 2020

Owner, UEI, CAGE Code, TIN (and TIN of parent, if applicable)

PART I. TUGCON BOXES

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

1. Tug(s) Required: 2. Description of the Tow:

Declared Value (USD):

Riding Crew? [ ] Yes [ ] No

3. Port(s)/Place(s) of Departure: 4. Laytime:

DAYS SHEX SSHEX SSHINC

5. Port(s)/Place(s) of Destination:

6. Laydays:

Commencing:

Cancelling:

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

I-2

Tug(s): Solicitation number (date):

Contract Number (date):

8. Tug/Flag/Year Built:/INMARSAT# or other Contact #

9. Proposal Firm Until:

10. Amendments Acknowledged (amendment numbers and dates):

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

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

CPARS POC, if different from above (name, email): 13. Remittance address for hire (if other than box 10):

14. Laydays Proposed:

Commencing:

Cancelling:

15. Expected Ready to Present:

16. Contemplated Route and Itinerary:

17. Rates (USD)

CLIN Description

Unit Quantity Extended Price

(TBD at award) Towage price (lumpsum)

(TBD at award) Demurrage (per day)

(TBD at award) Cost of Marine Surveyor (not to exceed)

I-3

Tug(s) : Solicitation Number (date):

18. Registered Owner (if other than as listed in Box 11):

19. Current position/destination: 20. Nationality of Master and crew:

21. Call Letters: 22. Official number:

23. Maximum Length: 24. Length between perpendiculars:

a. (ft.) b. (m) a. (ft.) b. (m)

25.Maximum Beam: 26. Maximum saltwater draft:

a. (ft.) b. (m) a. (ft.) b. (m)

27. Net registered tonnage: 28. Gross registered tonnage:

29. Load line assigned (if any): 30. Vertical distance, waterline-plane to uppermost point of Tug:

a. (ft.) b. (m) a. (ft.) b. (m)

31. Classification Society entered, if any 32. Classification assigned, if any:

33. USCG certification and regulatory status, if any:

34. Insurer(s):

PROPULSION

35. Shaft Horsepower: Verified by: Verification date:

36. Brake Horsepower: Verified by: Verification date:

37. Bollard pull (pounds): Verified by: Verification date:

38. Main engines/propellers (qty): Manufactured by: Drive Type/Tractor?

39: Design Shaft RPM:

SPEED

40. Transit Speed (full speed, at 80% of the horsepower identified in Box 35, without Tow, in moderate weather):

EQUIPMENT

41. Description of towing gear and lifting equipment:

42. Fire pump capacity (gpm):

43. Capstan pull capacity (lbs. and fpm):

I-4

Tug(s) : Solicitation Number (date):

CONTINUATION

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

Box #

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. The Tug and associated equipment shall be subject to the Government’s inspection as to suitability for the towage required under this contract prior to award of this contract and to subsequent inspections at any time during the currency of this contract to determine continuing suitability for the required services. The Owner shall instruct the Towing

Vessel’s Master to give every assistance so as to enable Hirer’s inspector(s) to properly observe operations throughout the Tug.

(2) Hirer’s Rights. If in the opinion of the Hirer’s inspector any deficiency or condition exists which renders the Tug inadequate for the required service, the Charterer shall have the option to cancel this contract at no cost to the Government or to require any necessary corrective actions at the Tug’s expense and to the Hirer’s satisfaction.

(3) Limitation of Charterer's Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Tug or which are imposed upon Owner by operation of law.

(4) Cooperation of Master. The Hirer or designated representative(s) shall have the right at loading and/or discharging port(s) or place(s) to inspect the Tug and observe operations. The

Owner shall instruct the Master to give every assistance so as to enable said representative(s) to observe operations throughout the Tug properly. Hirer’s representative(s) shall not interfere with the Tug’s operations. Any delay to the Tug resulting from the Hirer’s inspections shall count as laytime or, if the Tug is on demurrage, as time on demurrage.

(5) Surveyors and Consultants. Surveyors or consultants, as mutually agreed, may be retained under this Hirer in order to facilitate fact-finding in respect of actual or potential claim actions or for inspections or surveys generally; the costs therefore shall be as mutually agreed and, if for Hirer’s account, said costs shall be incurred only after prior written approval from the

Contracting Officer.

*(b) Assignment. The Owner 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 shall be the subject of a bilateral

II-2

modification to the contract. However, nothing in this paragraph 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 Owner 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 III.

(f) Excusable delays (Tailored)

(1) Excepted Events. Neither the Tug, her Master, or Owner, nor the Charterer shall, unless otherwise in this contract 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 war; 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 Tug; flood; fire;

blockade; riot, insurrection, or civil commotion; earthquake; or explosion.

(2) Reservation. The exceptions identified in subparagraph (1) above shall not affect

Owner's warranties respecting the condition of the Tug at the commencement of loading hereunder, or the Owner's obligations respecting the loading, handling, stowage, carriage, custody, care, and discharge of the cargo, or the rights or obligations of either Owner or Hirer respecting laytime or demurrage as elsewhere provided herein.

(3) Necessary Deviation or Slow Steaming. If the Tug during the course of the towage hereunder puts into a port or place or seeks shelter or is detained or deviates from the original route identified in Part I, Box 16, or slow steams because either the Owner or Tug Master reasonably consider that

(i) the Tow is not fit to be towed; or

(ii) the Tow is incapable of being towed at the original speed contemplated by the

Owner; or

(iii) the towing connection requires rearrangement; or

(iv) repairs or alterations or additional equipment for the Tow are required to safeguard the venture and enable the Tow to be towed to destination; or

(v) it would not be prudent to do otherwise on account of weather conditions actual or forecast; or because of any other good or valid reason outside the control of the Tug Master or because of any delay caused by or at the request of the Hirer, this contract shall remain in full force and effect, and the Owner shall be entitled to receive from the Hirer additional compensation at the demurrage rate identified in Box 17 for all time spent at the port or place deviated and for all

II-3

time spent by the Tug at sea in excess of the time which would have been spent had such slow steaming or deviation not taken place.

*(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part

1315.

^ (h) Patent Indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

*(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public

Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

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

(j) Risk of Loss - Towing Liability (Tailored).

(1) Any and all associated costs with the following shall be for the sole account of the

Owner without recourse to the Government, provided any of the following results during the performance of services under this contract or preparation therefor from any negligence, wrongful act, or omission of Owner or its agents, servants, employees, or subcontractors; or from any unseaworthiness, unfitness, or breakdown of any Tug, gear, or other equipment furnished by

Owner under this contract: (a) injury or death of Master or crew of the Tug or captain, officers, or crew of the Tow; (b) injury or death of any person aboard the Tug or Tow; (c) loss or damage of whatsoever nature sustained by the Tug or Tow or any property aboard the Tug or Tow; (d) loss or damage of whatsoever nature caused to or suffered by third parties or their property by reason of contact with the Tug or Tow or by an obstruction created by the presence of the Tug or

Tow; (e) any liability in respect of wreck removal for the Tug or Tow or in respect of the expense of moving or lightening or buoying the Tug or Tow or in respect of preventing or abating pollution originating from the Tug.

(2) Whenever the Master (or any crew) of any Tug furnished or engaged in furnishing Tug power or assistance to any vessel (which vessel utilizes or has readily available her own propulsion capacity) goes aboard said vessel, or when any licensed pilot goes aboard said vessel, said Master, crew member or licensed pilot becomes the servant of the Owner of said assisted vessel in respect of the giving of orders to any of the Tugs provided for or engaged in said services and in respect of the handling of the vessel. Further, neither those providing the Tug or pilot, nor the Tug, its Owners, charters, operators, manager, or agents shall same be liable for any

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damage resulting therefrom, unless said damage is caused or results from the negligence or wrongful act or omission of the Tug Owners, Hirers, operators, managers, employees, or agents of those furnishing the Tug or pilot.

(3) In all instances in which any vessel being handled by Owner’s Tug sustains damage or is involved in any incident resulting in damage to vessels or property or in bodily injury or death, Owner shall secure a report from the Master or officer acting as pilot or from any licensed pilot aboard the vessel being handled. Owner shall submit said report in triplicate to the

Contracting Officer within 24 hours following said incident, reporting the facts, listing deaths, reporting the extent of damages or bodily injuries, and listing recommendations to prevent recurrence.

(k) Taxes (Tailored). Dues, taxes, and other charges upon the Tug shall be for the Owner’s account. Dues, taxes, and other charges on the Tow or the towage price shall be paid by the

Owner at the Charterer’s option, but be for the Charterer’s account and reimbursed by the Hirer.

Assist tugs shall be for the account of the party ordering same. Reimbursement of Owner for dues, taxes, and other charges under this paragraph shall be in accordance with Part II (g) and (i) herein.

^ (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Owner shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.