Voluntary Tanker Agreement (VTA)

Terms & Conditions

This document outlines the common charter terms and conditions for the Voluntary Tanker Agreement (VTA). It details:

• VTA Capacity Enrollment: Requirements for contractors to enroll tanker capacity into the VTA program, including obligations for those receiving government subsidies.
• Business Rules: Procedures for peacetime contracts and voluntary phases, including activation and deactivation of VTA.
• Terms and Conditions: Specific clauses covering quality control, performance reporting, war risk insurance, charter hire rates (including a 30% premium above market rate during activation), mission scope (worldwide transportation of petroleum and military readiness cargo), and handling of changes.
• Maritime Clauses: Requirements for regulatory compliance, handling of off-hire situations, and prohibition of liens on U.S. Government cargo.
• Security: Detailed requirements for physical, personnel, information, antiterrorism/force protection, and cyber security, including facility clearance levels (SECRET) and background investigations.
• Vessel Specifications: Requirements for pumping and stripping capacity, cargo capacity, ballast tanks, cargo tanks (cleaning, heating coils, coatings), and documentation (Certificates of Quality).
• Operational Requirements: Includes provisions for vessel substitution, prohibitions on proceeding to Spain/Gibraltar, salvage, and alterations.
• Crew: Requirements for crew conduct, qualifications, identification, and compliance with OCONUS contractor conduct policies, as well as participation in cadet training programs.
• Reporting and Payment: Outlines movement, pre-arrival, casualty, tanker, and position reporting requirements, as well as invoicing and payment procedures.
• Definitions: Provides definitions for key terms used throughout the agreement.

References several attachments including Capacity Commitment, Tanker Information Sheet, DD254, NIST SP 800-171 POAM Template, and Applicable Federal Registers.

Amendment / Modification

This amendment (0002) to Solicitation HTC71124RW001, dated December 20, 2023, primarily updates the language concerning Facility Clearance Level (FCL) requirements under Section 9 - Security.

• Section 9 - Security (Physical, Personnel, Information, Antiterrorism/Force Protection and Industrial)

• Specifically, it modifies the requirements related to Facility Clearance Level (FCL).

• The amendment does not appear to alter the proposal submission deadline or general requirements, but bidders should review the updated security requirements to ensure compliance.

Amendment / Modification

This amendment (0001) to solicitation HTC71124RW001, dated December 20, 2023, is issued to incorporate updated language in Section 9: Security.

• Section 9: Security (Physical, Personnel, Information, Antiterrorism/Force Protection and Industrial)

• The effective date of the solicitation remains January 25, 2024. No changes to proposal deadlines or submission requirements are indicated by this amendment, beyond the update to Section 9.

Other / Unclassified

This document contains the Voluntary Tanker Agreement (VTA) Common Charter Terms & Conditions. It outlines the framework for contingency contracts related to sealift services, primarily focusing on the provision of ocean transportation for clean bulk fuel products.

This document is highly relevant for potential bidders in the maritime transportation sector. It details the terms and conditions under which U.S. flag tanker capacity can be enrolled and activated for government contingency operations. Key areas covered include:

• VTA Enrollment: Procedures for becoming a VTA Participant and the benefits, such as priority consideration for DoD peacetime cargo.
• Capacity Commitment: Definitions and calculations for a participant's commitment, including specific types of vessels and capacity measurements.
• Business Rules: Differentiates between peacetime contracts and activation during contingencies, including voluntary phases and activation procedures.
• Terms and Conditions: Covers critical aspects like Quality Control, Performance Reporting, War Risk Insurance, Charter Hire, Mission scope (worldwide transportation of petroleum and military readiness cargo), and specific clauses related to WAR, Reporting Requirements, Crew qualifications, and U.S. Cargo Preference.
• Security Requirements: Outlines physical, personnel, information, antiterrorism/force protection, and cyber security requirements, including the need for SECRET facility clearances.
• Operational Details: Includes sections on Vessel Description, Vessel Substitution, specific prohibitions (e.g., Spain-Gibraltar), Salvage, Alterations, Crew Immunization, Investigations, and Maritime Clauses (Regulatory Compliance, Off-hire, Liens).

Bidders should review this document to understand the operational, contractual, and security obligations associated with providing tanker services under the VTA program during contingency operations.

Other / Unclassified

This document is a notice published in the Federal Register announcing the renewal of the Voluntary Tanker Agreement (VTA) Program and the publication of its revised VTA. The revised VTA replaces a prior version from 2008 and incorporates public input received after a proposed text was published in 2019 and a public hearing was held in 2020. The VTA Program is an emergency preparedness program established by the Maritime Administration (MARAD) to ensure the availability of commercial product tanker capacity to support U.S. military forces during times of war or national emergency.

• Purpose: The VTA Program aims to provide the Department of Defense (DoD) with commercial product tanker capacity to meet national defense contingency requirements.
• Agreement Renewal: The revised VTA replaces the previous version and requires both former and new participants to submit a new application.
• Key Features: The agreement outlines terms and conditions for participants, including responsibilities, activation procedures, and antitrust defenses. It also details the roles of MARAD and U.S. Transportation Command (USTRANSCOM).
• Application: Interested tanker operators can apply to become VTA Program participants by submitting an executed application form.
• Duration: The VTA terms will be effective for five years from the date of publication.
• Impact: The revised VTA includes changes from the 2008 version, necessitating new applications for participation.

Solicitation / RFP / RFQ

This solicitation, HTC71124RW001, is for "VTA Contingency Services - Base Period" and "VTA Contingency Services - OP 1" and "VTA Contingency Services - 6-mo Ext.". The services involve providing ocean transportation of clean bulk fuel product for worldwide ocean movements. The contract is a Firm-Fixed Price type.

• Provision of ocean transportation of clean bulk fuel product for worldwide ocean movements.

• Vessels must meet specific criteria including pumping and stripping capacity, cargo capacity, ballast tank capacity, and cargo tank cleaning capabilities.

• Vessels must be capable of carrying specific types of petroleum products with positive means of segregation.

• Vessels must be equipped to drain and strip all cargo tanks of free-flowing liquid cargo.

• Vessels must be capable of discharging ballast while loading cargo and taking on ballast while discharging.

• Compliance with International Safety Guide for Oil Tankers and Terminals (ISGOTT) is required.

• Compliance with the United States Oil Pollution Act of 1990 (OPA 90) and USCG regulations for safety and pollution prevention is required.

• Submission of a Vessel Response Plan (VRP) is required.

• Vessels must have a Vessel Certificate of Financial Responsibility (Water Pollution).

• Vessels must be in full compliance with all applicable international conventions and laws, regulations, and other requirements of the nation of registry and local jurisdictions.

• Base Period: 1 January 2024 - 31 December 2027

• Option Period 1: 1 January 2028 - 31 December 2032

• Option Period 2 (6-month Extension): 1 January 2033 - 30 June 2033

• Contract Type: Firm-Fixed Price

• NAICS Code: 483111

• Size Standard: 1,050

• Offer Due Date: 08:00 AM 31 December 2027

• Proposals must be submitted electronically via email to Ms. Sarah Albers and Ms. Shanda Lyman.

• Offerors must include completed Standard Form 1449, relevant attachments, and representations and certifications.

• Evaluation will be based on the VTA Capacity Enrollment Terms and compliance with the contract terms and conditions.

• This acquisition is UNRESTRICTED.

• The solicitation is for U.S. flag carriers.

• Offerors must be accepted by MARAD and agree to comply with the VTA Capacity Enrollment Terms.

• This solicitation implements the Voluntary Tanker Agreement (VTA) as defined in the Federal Register dated 7 November 2022.

• The contract is for sealift services that may arise in any part of the world.

• Various FAR and DFARS clauses are incorporated by reference and full text, including those related to cyber security, prohibitions on certain telecommunications equipment, and Buy American provisions.

Form / Attachment / Pricing Sheet

This document is Attachment I, titled "VTA CAPACITY COMMITMENT." It is a form used by companies to provide their vessel capacity commitments. Bidders are expected to complete this form to detail their available capacity for the opportunity.

• Vessel Information: Fields for Vessel Name, IMO#, Vessel Type, Date of Build, Speed, DWT, Jones Act (X), International (non-TSP), TSP No., and Capacity in Barrels (Bbls).
• Capacity Commitments: Sections to specify TSP Capacity (100%), Intl./non-TSP Capacity (100%), Jones Act Capacity (50%), and VTA Total Capacity Commitment.
• Counts: Fields for # of Vessels and # of Charters.
• Contract Information: Fields for Contract #, Program/Contract Information, and Max Exp Date.
• Signatures: Sections for Company Official agreement and Agency Review.

This form is crucial for bidders to declare their capacity to meet the requirements of the opportunity. It requires detailed information about their vessels and the specific types of capacity they can commit, including adherence to Jones Act and international standards. The completed form will likely be a key component of the proposal submission and evaluation process.

Form / Attachment / Pricing Sheet

This document is a template for a Plan of Actions & Milestones (POAM) related to NIST SP 800-171 compliance. It is intended to help contractors track their progress in meeting the security requirements outlined in NIST SP 800-171 and FAR Clause 52.204-21.

• Instructions: Provides guidance on how to complete the POAM template.
• Company Information: Fields for company name, contract number, Cage code, date completed, submission type (annual or update), and point of contact details.
• NIST 800-171 Controls & Objectives: Sections for detailing compliance status, including pie charts and tables summarizing compliance levels for NIST 800-171 controls and objectives, as well as FAR 52.204-21 controls and objectives.
• Control Family Details: Individual tabs or sections for each NIST 800-171 control family, allowing for detailed tracking of specific controls and their sub-objectives.
• POAM Tracking Fields: Columns for "Non-Compliance Detection Date," "Scheduled Completion Date," "Actual Completion Date," "Supporting Documentation / System Controls," and "Status / Comments" to manage remediation efforts.

This document is crucial for any bidder needing to demonstrate compliance with NIST SP 800-171 and the Basic Safeguarding of Covered Contractor Information Systems (FAR 52.204-21). It serves as a tool for contractors to document their current security posture, identify gaps, and plan for remediation. Bidders may be required to submit this or a similar document as part of their proposal or as a condition of contract award to show how they will protect Controlled Unclassified Information (CUI).

Form / Attachment / Pricing Sheet

This document, "VTA Tanker Information Sheet," is a form designed to collect detailed information about a vessel, likely for chartering or operational purposes. It serves as a comprehensive data collection tool for potential bidders to provide specific vessel characteristics and operational data.

• System for Award Management (SAM) Information: Includes fields for UEI, CAGE Code, TIN, Business Size, and Socioeconomic Status.
• Physical and Mailing Addresses: Standard address fields.
• Government Business POC: Contact information for the government point of contact.
• Pricing Data: Specifies that charter hire rates will be based on prevailing market rates, with a 30% premium during activation. Daily rates are calculated as 130% of the prevailing market rate.
• Vessel Details: Extensive information covering build date, dimensions, tonnage, draft, deadweight capacity, horsepower, crew nationality, ISM certification, insurance, position, drydock dates, MARAD status, and pollution liability.
• Cargo Arrangements: Details on cargo tanks, segregations, capacity, slop tanks, and coating information.
• System Description: Information on cargo, ballast, and sloptank systems.
• Gear and Mooring Arrangements: Data on winches, derricks, booms, cranes, wires, and ropes.
• Casualties/Deficiencies/Warrants: Questions regarding serious grounding, collusion, pollution incidents, outstanding deficiencies, and active arrest warrants.
• Inspections: Space to list oil company vetting inspections.
• Fuel Consumption: Detailed information on warranted speeds and fuel consumption at various speeds, for laden and ballast conditions, including in-port consumption.
• Minimum Vessel Fuel Specifications: A section for specifying fuel requirements.
• Continuation Space: For additional responses.

This form is crucial for bidders to accurately represent their vessel's capabilities and operational status. The detailed information required will directly impact a bidder's eligibility and the evaluation of their offer, particularly concerning vessel specifications, operational costs (fuel consumption, pricing), and compliance history. Bidders must complete this form thoroughly and accurately to demonstrate their vessel meets the requirements of the opportunity.