Afghanistan Award06-016B
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06-016B Award Afghanistan
August 10, 2006
Award 06-016B Afghanistan
Cargo: 5,000 MT CDSO
Loadport: 1/2 SB Each, 1/2 SP USG
Disport: 1/2 SB Each, 1 SP Karachi
Laycan: Aug 21/31, 2006
Vessel: MT Bryggen (Norwegian Flag)
Owners: Empresa Maritima Americana, Ltda.
Freight Rate: $150.90/MT
Additionals:
$13.00/MT second LP
$5.00/MT second LB
06-016P Amendment
Afghanistan
Aug 1, 2006
Freight Tender Amendment
Food for Progress Program
Tender Number: 06-016B, Amendment 1
Amendment Date: July 31, 2006
Muller Shipping Corporation, New York hereby amends freight tender issued July
26, 2006 for account of the Government of the Islamic Republic of Afghanistan (GOAF)
under the Food for Progress program for a cargo of (up to approximately) 5,000
MT Crude Degummed Soybean Oil (CDSBO) in Bulk (contacted quantity will be
Min/Max basis).
Following clause is hereby added:
Vessel owners will be required to provide certificate(s) confirming that
shipment has not been effected through Israeli and Indian vessels/ports.
All other terms of original IFB remain unchanged.
For information contact Muller Shipping Corporation, tel. 516-256-7700.
06-016 Tender
Afghanistan
July 26, 2006
Freight Tender
Food for Progress Program
Tender Number: 06-016B
Date: July 26, 2006
Muller Shipping Corporation, New York announces the following freight tender for
account of the Government of the Islamic Republic of Afghanistan (GOAF) under
the Food for Progress program.
Cargo: Up to approximately 5,000 MT Crude Degummed Soybean Oil in (CDSBO) Bulk
(contacted quantity will be Min/Max basis)
Offerors should consider offering vessels to carry a range of tonnages in the
event that the quantity purchased is more or less than the quantity stated in
this tender. Contracted quantity will be on Min/Max basis.
Load Port: 1/2 SB Each, 1/2 SP U.S. Ports. Mississippi River including but not
north of Baton Rouge to be considered as one port; Colombia River District
including Portland to be considered as one port; San Francisco Bay area
including Sacramento and Stockton to be considered as one port. For offers basis
U.S. Great Lakes utilizing feeder vessels, offer to include name and details of
feeder vessels.
Laydays: August 21/31, 2006
Offers submitted under this invitation are required to have a canceling date no
later than the last contract Layday. Vessels which are offered with a canceling
date beyond the Laydays specified above will not be considered.
Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness
to load. Pre-advice notice must be received at office of Muller Shipping Corp.
prior to 1100 New York time on a regular business day to be considered received
on that day. If pre-advice is received after 1100 New York time on a regular
business day or on a weekend/holiday, pre-advice will be considered received on
the next business day.
Discharge Port(s): 1/2 SB 1 SP, Karachi, Pakistan. Port limitations, without
guarantee: 213 M LOA, 10 M Draft. Any shifting necessary due to the vessels
size or configuration to be at Owners time, risk and expense.
Charterers reserve the right to require Last In loading and First Out discharge
on any fixtures for cargoes covered by this freight tender. This cargo is for
monetization and Charterers require arrival at the discharge port not later
than forty (40) days after on-board bill of lading date.
Terms/Conditions:
1. Vessel Restrictions:
(a) Towed Barges not workable. ITB tanker barges will be considered if warranted
speed and itinerary of proposed ITB is able to meet the maximum transit time
requirement shown above.
(b) Non-U.S. flag vessels must not be older than twenty-five (25) years and must
be classed highest in Lloyd's Register or its' equivalent. Year of original
construction, not rebuilt date, to govern.
(c) All vessels 15 years and older and all ocean-going barges must have all
openings to cargo spaces and hatches' covers tightly sealed with tape or by
other means to assure watertight integrity. The sealing shall be done to the
satisfaction of attending NCB surveyor as attested by a special survey. Cost of
sealing hatch covers/openings to cargo spaces as well as special survey fees
shall be for vessel owner's account. Special survey certificate shall in no way
affect owner's liability and responsibilities toward the cargo.
(d) Any extra insurance on cargo and/or freight as a result of Vessel's age,
class, type, flag, or ownership to be for Owners' account but not exceeding New
York market rates for U.S. flag vessels or London market rates for non-U.S. flag
vessels. Cost for additional or increased insurance premiums related to or
resulting from lighterage operations, if any, are to be for Owners or
Operators account at the rates assessed to cargo interests regardless of
registry of mother or daughter vessels.
2. Only clean offers of named vessels with full particulars will be considered.
Offerors are encouraged to include the following information: Name of vessel and
flag / Full style vessel owner/operator / Year built / Length overall / Beam /
Classification / Type / Vessel's actual warranted service speed / Number of
tanks / Number of pumps/systems, capacity / Current employment and cargo,
contracted or anticipated / Current position of vessel including
latitude/longitude / Laydays / Vessel ETA at load port and proposed itinerary /
Maximum fully loaded draft of vessel.
3. All vessels utilized for this cargo, including lighter vessels, must pass
NIOP/FOSFA inspection before loading and otherwise comply with the Federation of
Oils, Seeds and Fats Association Ltd. (FOSFA) "Operational Procedures for All
Ships Engaged in the Ocean and Short Sea Carriage and Transhipment of Oils and
Fats for Edible and Oleo-Chemical Use", or as indicated in the PFA CP.
4. Offers must certify that the last three cargoes in the vessel tanks, tank
lines, hoses and pumping systems prior to any contract made under this IFB were
unleaded and non-toxic and do not appear on the FOSFA List of Banned Immediate
Previous Cargoes and that the most recent of these cargoes does appear on both
the FOSFA List of Acceptable Previous Cargoes and the NIOP Acceptable Prior
Cargo List No. 2. Full particulars on the three most recent prior cargoes are
also to be included by their chemical names directly in the offer (no
abbreviations, no trade names), beginning with the most recent and in order of
last three cargoes as loaded. Owners must stipulate exactly the last three
cargoes carried, without statements of "and or" or "will be". Further, cargo
names must be spelled out without abbreviations.
For ship's tanks that have been newly coated or fully re-coated and have not
carried at least three cargoes subsequent to the new/re-coating, owners are to
list any cargoes that have been carried in those tanks, pumps and lines after
the new/re-coating, otherwise subject to the above. In addition, owners must
furnish with their offer a copy of a survey certificate from a FOSFA-approved
surveyor, dated not more than six months prior to the offer date, attesting that
the vessel (all tanks, whether or not new/re-coated) is in compliance with FOSFA
requirements for the carriage of edible oils.
For lighterage vessels only: If owners cannot provide information on immediate
prior cargoes at the time of offer, offeror shall acknowledge that they will not
be permitted to utilize any lighterage vessel that has not been inspected and
approved prior to loading by a FOSFA-approved surveyor at the load and/or
discharge port. Any time lost at load and/or disports for inspection or other
delays in providing suitable lighterage vessel to be at Owners expense.
5. Loading/Discharging terms:
(a) Loading terms: Free in at the average rate of 150 metric tons per running
hour, WWDSHINC, with demurrage, no despatch.
Notice of Vessel's readiness to load must be tendered and accepted at the office
of Commodity Suppliers (loading facility's office) or their agents and at the
office of the Charterers or their agents between the hours of 0900 and 1600
hours local time on a business day (Monday through Friday, holidays excepted),
or between the hours of 0900 and 1200 noon if on Saturday (provided not a
holiday). Laytime at load port to commence at six (6) hours after vessel's
Master or Agent files the Notice of Readiness and all required inspection
certificates to the declared loading terminal. If second or more load berth(s)
or port(s) are used Laytime at the second or subsequent load berth(s) and/or
port(s) shall commence six (6) hours after Vessel Notice of Readiness is filed
at that berth and/or port and Vessel being ready to commence loading at said
subsequent berth and/or port. Prior time, if used, not to count as Laytime.
Demurrage to be stated in the offer. Demurrage to be settled directly between
vessel owner and the supplier(s) of the CDSBO. Under no circumstances shall CCC
or Charterer be responsible for resolving any disputes involving the calculation
of Laytime or the payment of demurrage between vessel owner and the supplier(s).
Any and all disputes between vessel owner and the commodity supplier(s) arising
out of this contract relating to settlement of Laytime issues shall be
arbitrated in New York subject to the rules of the Societe of Maritime
Arbitrators, Inc.
(b) Discharging terms: Berth terms discharge. Cargo to be discharged at the
Owner's risk and expense at the average rate of 100 tons of 2,204.6 pounds per
running hour, WWDSHINC, with demurrage and despatch. Any time used for shifting
or connecting or disconnecting pumps or hoses not to count, even if vessel is
otherwise on demurrage.
Notice of Vessels readiness to discharge must be tendered and accepted at the
office of the Receivers or their agents between the hours of 0900 and 1700 hours
local time Monday through Friday, or from 0900 to 1200 hours Saturdays, holidays
excepted, Vessel having been entered at the custom house, accompanied by all
necessary passes, and with any and all required lightering completed. Laytime
will then commence at 0800 hours on the next business day, whether in berth or
not. Prior time, if used, not to count
Vessel to provide all necessary equipment (including main/ stripping pumps,
hoses and reducers) in good working order and necessary steam to effect
discharge of the cargo into shore tanks and/or trucks. Pumps must have a minimum
pressure of 50 PSI with pumping capacity of at least 150 MT per hour and able to
pump water with adequate pressure to clean hoses and pipes at the discharge
terminal.
(c) Demurrage/despatch is applicable at discharge port(s). Owners are to specify
demurrage/despatch rates in their offer. Despatch rates must be one-half of
demurrage rates quoted.
(d) Discharge port Laytime accounts are to be settled directly between owners
and Receivers. Vessel owner is to prepare and submit signed discharge port
Laytime statement to Receivers for approval within thirty days of completion of
discharge. Discharge port Notice of Readiness and discharge port Statement of
Facts, both signed on behalf of Receivers and Owners are to be presented with
signed discharge port Laytime statement. Under no circumstances shall CCC be
responsible for resolving disputes involving the calculation of Laytime or the
payment of demurrage or despatch between the vessel owners and the Charterers or
Receivers. Any/all disputes between vessel owners and the Charterers or
Receivers arising out of this contract relating to the settlement of Laytime
issues shall be arbitrated in New York, subject to the rules of the Society of
Maritime Arbitrators, Inc.
(e) Laytime is non-reversible.
6. Lightering at Disport: In the event vessel has to lighten at the discharge
port(s), whether full lightering or partial lightering, all lightering
operations shall be at ship owners time, risk and expense. Lighter vessels, if
used, must be geared ocean-going vessels classed highest in Lloyds or
equivalent, and certified by licensed surveyor that all cargo compartments are
clean and entirely fit to receive and carry the commodity(ies) covered by this
contract with all necessary pumps, hoses and reducers in good working order.
Lighter vessels are subject to all relevant terms and provisions of Clause
numbers 3 and 4 herein.
Laytime allowed, whether full or partial lightering, shall be based on the
bills(s) of lading weight. In the event of partial lightering, vessel will not
be considered ready until owners have arranged lightering and vessel has reached
a safe draft for berthing. All time lost before vessel reaches said draft is not
to count as Laytime used. Laytime is not to commence prior 0800 on the next
working day following completion of lightering and presentation of valid notice
of readiness. In the event of full lightering Laytime shall commence at 0800 on
the next working day after daughter vessel(s) have presented their notice(s) of
readiness to discharge and demurrage/despatch rate shall apply only to the
daughter vessel(s). Mother vessel (partial lightering) and daughter vessels
(full or partial lightering) to take turns at discharge and time on second and
subsequent vessels not to count until previous vessel completes discharge and
has vacated the berth. Time for shifting into berth not to count as Laytime or
time on demurrage.
Any lighterage is to be accomplished within the territorial waters of the
country of the named discharge port(s) unless otherwise approved by Charterers
and USDA. Shipowners to obtain Karachi Port Trust and/or Port Bin Qasim Trust
permission, as applicable, for lighterage of vessel at outer anchorage beyond 12
miles limit.
If owners intend to lighten, the offer should specify the cost of lightering,
whether full or partial lightering. If lightering is not performed at the
discharge port and vessel directly discharges at berth USDA will deduct the
lightering cost from the ocean freight.
7. Freight rate to be quoted per MT, basis one loading port/one discharge port,
plus additional freight per MT for additional load ports, if used. Freight rate
quotations must provide per metric ton breakdown of rates (as applicable) for:
a) Ocean transportation; b) Cost of lightening.
8. Both U.S. and foreign flag offers that are responsive to this tender will be
considered, with no negotiation permitted.
9. Provisions applicable to U.S. Flag vessels
(a) U.S. Flag approved freight rates will be reduced to a level not higher than
Maritime Administration fair and reasonable rate in the event that originally
approved vessel is substituted by a lower cost vessel (including tug and/or
barge).
(b) For U.S. Flag vessels loading less than a full cargo, the less than full
cargo freight rate will be subject to reduction to meet any revised Maritime
Administration freight rate guideline due to vessel loading other additional
cargo.
(c) U.S. Flag offers will not be considered if the vessel operator has not
provided the Maritime Administration with the vessel costs prior to submission
of the offer.
(d) U.S. Flag vessels which require approval from the Maritime Administration to
participate in preference cargoes because of Operating Differential Subsidy
(ODS), contractual constraints or because of reflagging/foreign construction
issues must obtain such MARAD approval prior to submission of bids.
(e) One way rates must be quoted in addition to round trip rates for non-liner
U.S. Flag vessels whose date of original construction exceeds fifteen years from
date of fixture.
10. Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry
U.S. or Foreign Flag shipments.
11. No substitution of vessels allowed unless approved by all parties concerned.
Substitution requests must be presented within a reasonable time for
consideration by GOAF/USDA.
12. Cargo covered under this contract may not be relet to another carrier or
operator without the written authorization of Charterers and USDA.
13. Transshipment is not permitted.
14. In case of part cargoes, any additional completion cargo(es) must be duly
separated, must be compatible and non-injurious to cargo(es) covered by this
tender, must be detailed in offer or approved by Charterers/USDA if contracted
after fixture of GOAF CDSBO. Vessel's itinerary and geographic proximity of
completion cargo(es) will be taken into consideration by Charterer/USDA in
approval of such cargo(es) in order not to unduly impede delivery of GOAF CDSBO
cargo(es) to the discharge port.
15. Owners to provide vessel tank inspection certificate evidencing cleanliness
all tanks to be loaded for this fixture. Inspection to be performed and
certificate to be issued by an independent surveyor at owner's expense.
16. On completion of Loading Master and or owner and or agent to send a Sailing
Notice to Muller Shipping Corporation, New York, Fax: 516-256-7701/email muller@mullershipping.com.
Said notice to state vessel name, flag, quantity on board in Metric Tons, stowed
in tank numbers, Bill of lading date and loaded draft of vessel ETA Karachi.
17. Clean original bills of lading to be released immediately upon completion of
loading along with copies of all required inspection documents. "To Order" bills
of lading may be required.
Bill(s) of Lading to be issued in accordance with shore tank figures. If any
discrepancy between ship and shore figures, shore figures will prevail.
18. The following documentation is to be obtained by Owners and released to
Charterers Outport Agents immediately upon completion of loading and prior to
sailing.
(a) FOSFA Combined Masters Certificate.
(b) FOSFA Certificate of Compliance, Cleanliness and Suitability of Ships
Tanks.
(c) Copy of Notice to the Master instructing him to follow the IASC heating
instructions.
19. Charterers/Receivers to nominate agents at the discharge port(s) to be
appointed by Owners, with agency fees for Owners account, but not to exceed
customary applicable fees.
20. Freight Payment: In accordance with Food for Progress Program regulations,
freight will be paid by CCC/USDA on submission by owner of required documents
and Notice of vessels safe arrival at discharge port issued by Charterers or
their agents. In event owner has not paid the carrying/interest charges if any,
CCC/USDA will have the right deduct same from the ocean freight.
Payment of one-hundred percent (100%) of freight will be paid directly to the
carrier by the USDA upon confirmation of vessel arrival at the first or sole
discharge port, subject to terms and conditions of governing charter party
payment clause.
If owners fail to tender vessel within the laydays, and whether or not the
option to cancel the charter/booking is exercised, the owners are to be fully
responsible for all charges attributable to the failure to tender and be
accepted before the canceling date of the charter, whether accruing to charterer
or to the United States Government as donor, including but not limited to
carrying charges covering interest, storage and insurance. In which case it will
be a condition of payment of freight that owners submit as part of their
documentation "paid" invoices from the suppliers for carrying charges or a
certification from the suppliers that carrying charges did not accrue.
Ultimately, the USDA has the authority to deduct any carrying charges due from
the payment of the ocean freight.
21. Owners must guarantee that the performing vessel fully complies with the
International Safety Management (ISM) Code and the International Ship and Port
Facilities Security (ISPS) Code issued in accordance with International
Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will
remain compliant for the entirety of her employment under this charter party.
Upon request, Owners are to provide Charterers with a copy of the relevant
document of compliance (DOC) and Safety Management Certificate (SMC) in regard
to the ISM Code and the International Ship Security Certificate (ISSC) in regard
to the ISPS Code, or other evidence satisfactory to Charterers. Owners are to
remain fully responsible for any and all consequences resulting directly or
indirectly from any matters arising in connection with this vessel and the ISM
and/or ISPS code(s). Non-compliance with the requirements of the ISM code or
ISPS code shall be deemed a breach of contract. Submission of an offer against
this IFB will be deemed an acknowledgement by vessel Owner/Operator that these
cargoes are to be discharged at port(s) and/or terminals/berths that may not be
in compliance with ISPS requirements, and Owner will have no recourse against
Charterers or Receivers for subsequent inspections, delays, deviations or other
security-related requirements or expenses resulting from calling at such port(s)
and/or terminals/berths.
22. Sub-standard vessels and operators: Section 408 of the U.S. Coast Guard
Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)),
establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels
and operators/owners, that substandard vessels and vessels operated by
operators/owners of substandard vessels are prohibited from the carriage of
government impelled (Preference) cargo(es) for up to one year after such
substandard determination has been published electronically. As the cargo
advertised in this IFB is a government impelled (Preference) cargo, offerors
must warrant that vessel(s) and owner/operator are not disqualified to carry
such government impelled (Preference) cargo(es).
23. Owners warrant that vessel offered is free from any liens and/or
encumbrances.
24. In case of claims for loss, damage or shrinkage in transit, or any other
claims against the carrier, the rules and conditions governing commercial
shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall
not apply as to the period within which notice thereof shall be given to
carriers, or period within which claim therefore shall be made or suit
instituted.
25. Owners to be responsible for any cargo loss, shortage, or damage between the
bill of lading weight and the weight delivered at the port of discharge.
26. Commission: 2.50 percent on gross freight, deadfreight and demurrage is
payable to Muller Shipping Corporation if vessel offered direct. If broker
involved then 2/3 of 2.50 percent is payable to Muller Shipping Corporation and
1/3 of 2.50 percent is payable to offering broker.
27. All other terms and conditions as per Proforma Charter Party, available upon
request.
28. Offers to be received by sealed letter or telefax not later than 1100 hours
Eastern Time August 2, 2006 for validity 1700 hours Eastern Time August 4, 2006.
No phone or verbal offers will be accepted. GOAF reserves the right to accept or
reject any and all offers. Only offers which are responsive to the terms of the
tender will be considered. No negotiation will be permitted.
29. Both U.S. and foreign flag offers will be opened and read in public at the
place and time specified, and all offers that are responsive to this tender will
be considered, with no negotiation permitted.
30. Offers from outside the United States must be made through a U.S.A.
representative or broker.
31. Fax offers that start printing prior to 1100 hours August 2, 2006 and
continue printing past that time until completion will be considered as having
been received on time. Late offers will not be considered or accepted.
32. Offers 'subject open' will only be considered when the 'subject open'
restriction is lifted prior to 1100 hours Eastern Time August 3, 2006.
33. Further details and additional terms are subject to the terms and conditions
of the GOAF Pro-forma charter party, which is available upon request from Muller
Shipping Corp.
Offers to be submitted to:
Muller Shipping Corporation Fax 516-256-7701
One Industrial Plaza, Bldg. E
Valley Stream, New York 11581
For information contact Muller Shipping Corporation, tel. 516-256-7700.