Honduras Award06-054B
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Award 06-054B Honduras
Cargo: 6,500 MT Soybean Meal
Loadport: 1/2 SB Each, 1/2 SP USG
Disport: 1/2 SB Each, 1 SP Cortes
Laycan: Nov 1/10, 2006
Vessel: Christina (Barge) Miss Ann (Tug) (U.S. Flag)
Owners: Moby Marine Corp.
Freight Rate: $96.00/MT
Additionals:
$9.00/MT additional LB USG
$9.00/MT additional LP
06-054B Honduras Tender
Sept 28, 2006
Freight Tender
Honduras Food for Progress Program
Invitation for Bid 06-054B
September 27, 2006
Muller Shipping Corporation, New York, for and on behalf of CARE, requests
offers of U.S. and non-U.S. Flag geared vessels (U.S. Flag gearless vessels will
be considered provided Owners supply discharging equipment) for the carriage of
Food for Progress program cargoes as per the following.
Cargo: Up to approximately 6,500 metric tons Soybean Meal in bulk. 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 Port Allen 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: November 1/10, 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 One SP, Puerto Cortes, Honduras.
Any shifting necessary due to the vessels size or configuration to be at
Owners time, risk and expense.
Terms/Conditions:
1. Vessel Restrictions:
- Tankers not workable. All non-U.S. flag vessels must geared, suitable for of
clam shell discharge and capable of discharging from all hatches simultaneously.
- Non-U.S. flag vessels must not be older than twenty (20) years and must be
classed highest in Lloyd's Register or its' equivalent. Year of original
construction, not rebuilt date, to govern.
- 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.
- 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.
- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and
ends of tweendecks or other spaces which are not bleedable or directly
accessible to grab discharge. Time used for discharging from such places shall
not count as Laytime or time on demurrage.
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, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of
Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at
load/discharge port, Full Style Owners, SW Arrival draft at each disport.
Vessel's itinerary from day of offer to first or sole discharge port under this
tender is to be submitted with offer and be incorporated into the CP.
3. Vessel Gear Requirements: Cargo discharge will be by grabs or via marine
legs. Vacuvators are not acceptable (including for lightering, if applicable).
Owners to supply grabs and all other necessary discharging gear in good working
order and in sufficient number to permit charterers/receivers to effect
discharge of the vessel at the guaranteed rate of discharge. Owner to provide at
their expense all necessary motive power/fuel to operate all discharge gear.
Discharge via marine legs will be acceptable provided vessel owners provide all
necessary equipment at their time, risk and expense, including any technicians,
supplemental labor, bobcats or similar equipment for use in vessel holds,
shore-side cranes, hoppers, supports or other related equipment. Any time lost
as a result of insufficiencies of gear or breakdown of gear not to count as
Laytime or time on demurrage. Gear provided by vessel must also be capable of
lifting equipment necessary for trimming and breaking up any caked cargo in/out
of all holds. Any shore gear required for discharge or lifting in/out of
equipment must be furnished at owners risk and expense.
- Discharging equipment must meet all requirements and regulations of the
applicable port authorities.
- Opening and closing of hatches at loading and discharging ports shall be
performed by the Vessel's crew at the Owners' expense. If Vessel is not equipped
with hydraulic or mechanical hatch covers, Owners are to provide rain tents for
all hatches.
4. 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.
5. The commodities covered by this tender must be fully segregated from any
other part cargoes. Any part cargo(es) shall be non-injurious to CARE cargo and
detailed in offer or approved by Charterers/USDA if contracted after fixture of
CARE cargo. Vessel itinerary and geographic proximity of completion cargoes will
be taken into consideration.
6. Fumigation will be required upon completion of loading as per PFA CP 22.
Offers for tween-deck vessels will be considered non-responsive unless
accompanied by a copy of a letter from FGIS, USDA, stating that the vessel can
be fumigated under the FGIS in-transit fumigation procedures and a letter from a
certified applicator stating that the vessel has been inspected and found to be
suitable for in-transit fumigation.
Owners are responsible to assure that hatch covers remain sealed for the minimum
length of time required by the contracted fumigator. If the vessel arrives at
the first or sole discharge port before the expiration of the required
fumigation period, Owners will be responsible for all time, risk and expense
resulting from the need to delay opening hatches until the expiration of the
required fumigation period.
7. Lightering at Disport: The Owners are responsible for the performing Vessel
to be of a suitable size and for arriving at discharge port and berth(s) with an
acceptable safe arrival draft. If Vessels' size or draft exceeds the acceptable
safe arrival draft or size limitations, Owner to be fully responsible for any
and all costs in reaching such safe draft and/or all costs for lightering the
cargo into suitable size vessels.
In the event vessel has to lighten at disport whether full lightering or partial
lightering, all lightering operations shall be at ship owners time, risk and
expense. For all lightering (full or partial) the lighterage vessels, must be
geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent,
certified by a licensed surveyor that all cargo compartments are clean and
entirely fit to receive and carry contracted cargo and that all winches/cranes
are in good working order. 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.
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.
8. Owners to provide for vessel hold inspection certificate by the Federal Grain
Inspection Service/USDA (FGIS).
9. Loading and stowage to be approved by National Cargo Bureau and certificate
of NCB required at Owners expense. Owners to provide additional NCB
certification that vessel hatch covers and any other openings leading to cargo
compartments have been sealed to prevent any outside water from entering the
cargo compartments.
10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary despatch at the
average rate as delineated below based on vessel's contracted quantity. The
rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive
hours. Sundays and holidays excepted, even if used. Saturdays per BFC Saturday
clause.
Vessel Contracted Quantity Loading Guarantee
--------------------------------------------------
Bulk carriers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load guarantee shall be
3,000 MT per day.
LASH/SEABEE barges: the load/discharge guarantees shall not apply. No
demurrage/no despatch/no detention to be applied and same to be
loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge port(s). Owners are
to specify demurrage/despatch rates in their offer. Despatch rates must be
one-half of demurrage rates quoted. Laytime is non-reversible.
(c) Laytime accounts are to be settled directly between owners and commodity
supplier(s) at load port(s). Laytime calculation, overtime and trimming to be in
accordance to Addendum No. 1 of the North American Export Grain Association,
Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10
inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel. Further, the
following modifications to N.A.E.G.A. will apply: anywhere the word "buyer"
appears, the words "vessel owner" should be substituted in its place. Under no
circumstances shall Charterers or CCC be responsible for resolving disputes
involving the calculation of Laytime or the payment of demurrage or despatch
between the vessel owners and the commodity supplier(s). Any/all disputes
between vessel owners and the commodity supplier(s) 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.
(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 and to Muller Shipping Corporation, New York,
Fax: 516-256-7701/email muller@mullershipping.com within thirty (30) days of
completion of discharge. Discharge port Notice of Readiness and discharge port
Statement of Facts, both signed on behalf of Charterer/Receivers and vessel
owner 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/Receivers. Any/all disputes between vessel
owners and the Charterers/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.
11. Discharge Terms: Cargo to be discharged free of risk and expense to the
vessel (Free Out discharge) at the average rate of 1,000 MT for bulk carriers,
or 800 MT (in tons of 2,204.6 pounds), for Tweens/multi-deckers/ATBs-ITBs
(including liners), per weather working day of 24 consecutive hours on the basis
of the bill of lading quantity. Discharge guarantee based on a minimum of three
working hatches, each hatch to have separate working crane with minimum 9 MT SWL
or other dedicated discharging gear capable of maintaining the guaranteed
discharge rate to be considered a working hatch, otherwise guarantee to be
pro-rated accordingly. Time from 1700 hours Friday through 0800 hours Monday
(provided not a holiday), or from 1700 hours on a day preceding a holiday until
0800 hours the next working day following such a holiday not to count even if
used. The discharge guarantee shall not apply for LASH/Seabee barges.
Discharge may be effected to trucks and/or via conveyor to mill.
12. 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.
13. Ship owners and/or their agents to release original and non-negotiable bills
of lading to Charterer immediately upon completion of loading and without any
undue delays.
14. 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 hold numbers, Bill of lading date and loaded
draft of vessel ETA Puerto Cortes.
15. 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.
16. Both U.S. and foreign flag offers that are responsive to this tender will be
considered, with no negotiation permitted.
17. Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry
U.S. or Foreign Flag shipments.
18. 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.
19. Payment of one-hundred percent (100%) of freight will be paid directly to
the carrier by the USDA upon confirmation by the cooperating sponsor of vessel
arrival at the first or sole discharge port, subject to terms and conditions of
governing charter party Freight Payment clause.
20. 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 RFP 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.
21. 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).
22. Owners warrant that vessel offered is free from any liens and/or
encumbrances.
23. Substitution of Vessel is not permitted without CARE -USDA prior approval.
Any vessel substituted shall be of the similar type, class, approximate size and
with same Laydays.
24. Transshipment is not permitted.
25. 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.
26. 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.
27. All other terms and conditions as per Proforma Charter Party, available upon
request.
28.Offers to be received by Muller Shipping Corporation by sealed letter, telex
or telefax not later than 1100 hours New York Time October 3, 2006 for validity
1700 hours New York Time October 6, 2006. No phone or verbal offers will be
accepted. CARE reserves the right to accept or reject any and all offers.
If telex or telefax offers start printing prior to 1100 hours October 3, 2006
and continue printing past that time, offer will be considered as having been
received on time. Late offers will not be considered.
Offers 'subject open' will only be considered when the 'subject open'
restriction is lifted prior to 1200 hours New York Time October 4, 2006.
Both U.S. and foreign flag offers will be opened and read in public at the place
and time specified.
Offers to be submitted to:
Muller Shipping Corporation Fax 516-256-7701
One Industrial Plaza, Bldg. E
Valley Stream, New York 11581
For further information contact Muller Shipping Corp. 516-256-7700 (New York)