Mozambique Award08-020B
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08-020B Mozambique Re-Tender
January 8, 2009
Freight ReTender: BKA Logistics, Wheat, LAKES
Mozambique (01/08/09).
.
BKA LOGISTICS LLC., FOR AND ON BEHALF OF LAND OLAKES (LAKES), REQUESTS OFFERS
OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF HARD RED WINTER WHEAT, IN
BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
.
IFB NO: MOZ-LAKES-FFP-08-020B.
.
CARGO: UP TO 15,600 MT HARD RED WINTER WHEAT, IN BULK
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.
.
LAYCAN: SPOT / PROMPT.
.
LOADING: 1/2 SAFE BERTHS HOUSTON TX (CARGILL ELEVATOR).
.
DISPORT: 1 / 2 SAFE BERTHS 1/ 2 SAFE PORTS MOZAMBIQUE OUT OF NACALA, BEIRA, OR
MAPUTO. DISPORT TO BE DECLARED UPON FIXING AND LIFTING OF ALL SUBJECTS.
.
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY
DESPATCH AT THE AVERAGE RATE AS PROVIDED BELOW BASED ON VESSELS
CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER
WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS
EXCEPTED, EVEN IF USED. SATURDAYS AS PER THE BFC SATURDAY CLAUSE.
.
BULK CARRIERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
--------------------- --------------------
0 9,999.99 MT 4,000 MT PER DAY
10,000.00 19,999.99 MT 5,000 MT PER DAY
20,000.00 29,999.99 MT 6,000 MT PER DAY
30,000.00 39,999.99 MT 7,500 MT PER DAY
40,000.00 49,999.99 MT 10,000 MT PER DAY
50,000.00 MT AND ABOVE 12,000 MT PER DAY
.
TANKERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
----------------------- -----------------------
0 9,999.99 MT 4,000 MT PER DAY
10,000.00 19,999.99 MT 5,000 MT PER DAY
20,000.00 29,999.99 MT 6,000 MT PER DAY
30,000.00 MT AND ABOVE 7,500 MT PER DAY
.
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
.
DISCHARING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK
AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE
RATE OF 1,500 TONS OF 2204.6 POUNDS FOR BULK CARRIERS AND 1,000 TONS OF
2204.6 POUNDS FOR TWEENDECKERS/TANKERS PER WEATHER WORKING DAYS OF
24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF
USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME
FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800
HRS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING HOLIDAY) SHALL NOT
COUNT AGAINST LAYTIME, EVEN IF USED. DISCHARGE GUARANTEE SHALL NOT
APPLY ON LASH/SEABEE BARGES. CHARTERER / RECEIVERS TO APPOINT AND PAY
FOR STEVEDORES AT PORT OF DISCHARGE.
.
DEMURRAGE / DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS.
OWNERS ARE TO SPECIFY THEIR DEM/DES RATES IN THEIR OFFER, DESPATCH
RATES MUST BE ONE-HALF OF DEMURRAGE RATES AS QUOTED.
.
LAYTIME IS NON-REVERSIBLE. 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 WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT
GRAIN ASSOCIATIONS FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000)
CLAUSE NOS 1-10 INCLUSIVE (HEREINAFTER REFERRED TO AS
NAEGA) REGARDLESS OF VESSEL TYPE. FURTHER, THE FOLLOWING
MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD BUYER
APPEARS, THE WORDS VESSEL OWNER IS TO BE SUBSTITUTED. UNDER
NO CIRCUMSTANCE SHALL CHARTERERS OR USDA/CCC BE RESPONSIBLE
FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME
OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL
OWNER AND COMMODITY SUPPLIER. ANY/ALL DISPUTES BETWEEN
VESSEL OWNER AND SUPPLIER ARISING OUT OF THE CONTRACT
RELATING TO THE SETTLEMENT OF LAYTIME ISSUES SHALL BE
ARBITRATED IN NEW YORK IN ACCORDANCE WITH THE INTL ARBITRATION RULES
OF THE AMERICAN ARBITRATION ASSOCIATION.
.
DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY
BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO
PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT
TO CHARTERERS AGENT BKA LOGISTICS FOR APPROVAL WITHIN THIRTY
(30) DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF
READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED
ON BEHALF OF CHARTERERS AND VESSEL OWNERS, ARE TO BE
PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT .
USDA/CCC SHALL NOT BE RESPONSIBLE FOR RESOLVING DISPUTES
INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF
DEMURRAGE OR DESPATCH BETWEEN CHARTER AND VESSEL OWNERS.
ANY/ALL DISPUTES BETWEEN CHARTERER AND VESSEL OWNER 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.
.
VESSEL TYPE RESTRICTIONS: TOWED BARGES WILL NOT BE
CONSIDERED. TANKERS (US FLAG ONLY) WILL BE CONSIDERED BASIS FULL
LIGHTERING.
.
FOREIGN FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND
MUST BE CLASSED HIGHEST IN LLOYDS REGISTER OR ITS EQUIVALENT DATE OF
ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA
INSURANCE ON ACOUNT OF VESSELS AGE, FLAG, OWNERSHIP, TYPE,
CONFIGURATION OR CLASSIFICATION WILL BE FOR OWNERS ACCOUNT, BUT NOT
EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON RATES
FOR NON-US FLAG VESSELS. NVOCCS MAY NOT BE EMPLOYED TO CARRY U.S.
FLAG OR FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND
ITBS, OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE
FROM NCB CERTIFYING THAT VESSELS HATCH COVERS AND ANY OTHER
OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO
PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO SPACES.
COST OF SEALING AND SPECIAL SURVEY ARE FOR ACCOUNT OF OWNER
AND IN NO WAY DIMINISHES OWNERS LIABILITY AND RESPONSIBILITIES
TOWARD THE CARGO.
.
SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE
PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE
ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.
.
VESSEL GEAR REQUIREMENTS: CARGO TO BE DISCHARGED BY RECEIVER BY MEANS
OF GRABS AND/OR VACUVATORS. VESSEL(S) TO POSSESS EITHER CRANE(S) OR
DERRICK(S) WITH MINIMUM 5 MT SWL TO UPHOLD VACUVATOR(S) AND PIPING
DURING DISCHARGE OPERATIONS. ANY TIME LOST AS A RESULT OF BREAKDOWN OF
VESSELS GEAR TO BE EXCLUDED FROM LAYTIME USED. OPENING AND CLOSING OF
HATCHES TO BE CARRIED OUT BY VESSELS CREW FREE OF CHARGE TO
CHARTERERS. MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN
TENTS FOR ALL HATCHES ARE REQUIRED.
.
SPECIAL NOTE 2:
OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT(S)
WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT AND PERMISSABLE LOA/BEAM. IF
VESSELS DRAFT EXCEEDS SUCH DRAFT, EXCEEDS THE LOA/BEAM, OR IN ANY OTHER
RESPECT IS NOT ACCEPTED BY THE PORT(S) AUTHORITY OWNERS TO BE FULLY
RESPONSIBLE FOR ANY AND ALL COSTS INCURRED IN REACHING SAFE DRAFT OR
OTHERWISE BEING ACCEPTED BY THE AUTHORITIES. LIGHTENING, IF ANY, TO BE
PERFORMED IN THE TERRITORIAL WATERS OF MOZAMBIQUE.
.
VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION
IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE
FGIS-PN-05-02 DATED JAN 7 2005, AND VESSELS THAT CANNOT BE SO FUMIGATED WILL NOT
BE CONSIDERED. AT FINAL LOADING PORT, COMMODITY SUPPLIER WILL ARRANGE AND PAY
FOR IN-TRANSIT FUMIGATION PERFORMED BY A CERTIFIED APPLICATOR. FUMIGATION MUST
BE WITNESSED BY FGIS, USDA, AND THE ALUMINUM PHOSPHIDE PREPARATION MUST BE
CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS
MUST BE USED. FOR TWEENDECKERS AND BULK CARRIERS (INCLUDING PUSH-MODE ITB), THE
RECIRCULATION METHOD OF FUMIGATION WILL BE USED. TWEEN-DECK VESSELS ARE
ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN
INSPECTED AND FOUND TO BE SUITABLE FOR IN-TRANSIT FUMIGATION AND SUCH WRITTEN
STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
.
- OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE
OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS.
.
- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED,
MUST BE COMPATIBLE AND NON-INJURIOUS TO LAKESS CARGO, MUST
BE DETAILED IN OFFER OR APPROVED BY LAKES/USDA IF CONTRACTED
AFTER FIXTURE OF LAKES CARGO. VESSELS ITINERARY AND
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN
INTO CONSIDERATION BY LAKES/USDA IN APPROVAL OF SUCH PART
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF LAKESS
CARGO TO DISCHARGE PORT(S).
.
- OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A
CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS
ABOVE. VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE
BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
.
- OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT LAKES/USDA APPROVAL.
.
- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP
AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO
PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE
(DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD TO THE ISM
CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD
TO THE ISPS CODE. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND
ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE OWNER OR
VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.
.
- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE. FULL
CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.
.
- SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW
105-383 (46 USC, PARAGRAPH 2302(E)), ESTABLISHES EFFECTIVE JANUARY 1, 1999, WITH
RESPECT TO NON-US 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 GOVERNMENT IMPELLED (PREFERENCE) CARGO,
OFFEROR MUST WARRANT THAT VESSEL(S) AND OPERATOR/OWNER ARE NOT DISQUALIFIED TO
CARRY SUCH CARGO(ES).
.
- OWNERS TO PROVIDE TEN (10) DAY PREADVICE OF VESSEL READINESS TO LOAD.
PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS PRIOR TO 1100
HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON
THAT DAY. IF PREADVICE IS RECEIVED LATER THAN 1100 HRS WASHINGTON DC TIME ON
REGULAR BUSINESS DAY OR- ON WEEKENDS / HOLIDAYS THEN PREADVICE NOTICE WILL BE
CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY. IN ADDITION TO SENDING PREADVICE
NOTICE TO BKA AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE
TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.
.
ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES
FOR U.S. FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL
CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.
.
APPROVED U.S. FLAG RATES WILL BE REDUCED TO A LEVEL NO HIGHER
THAN THE MARITIME ADMINISTRATIONS FAIR AND REASONABLE RATE IN
THE EVENT THAT APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST
VESSEL TO THE U.S. GOVERNMENT (INCLUDING TUG AND/OR BARGE).
.
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS
THAN FULL CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET
ANY REVISED MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE
DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.
.
U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR
HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS
COSTS PRIOR TO SUBMISSION OF OFFER.
.
OFFERORS ARE ENCOURAGED TO PROVIDE THE FOLLOWING
INFORMATION: VESSEL NAME / TYPE / FLAG / YEAR BUILT / LOA / BEAM /
DWT / DRAFT / GEAR (IF ANY) / ETA AT LOAD AND DISCHARGE PORTS /
FULL STYLE OF OWNERS.
.
FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON
BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL
FREIGHT (IF ANY) PER METRIC TON ON ENTIRE CARGO FOR EACH
ADDITIONAL LOAD OR DISCHARGE PORT IF USED.
.
IF OWNERS INTEND TO LIGHTEN, OFFER TO SPECIFY THE COST OF
LIGHTENING, AND WHETHER ACTION IS FULL OR PARTIAL LIGHTENING. IF
LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND THE
VESSEL DISCHARGES AT BERTH THEN THE COST OF LIGHTENING WILL BE
DEDUCTED FROM THE OCEAN FREIGHT.
.
LAKES RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.
.
COMMISSION: 2.50 PERCENT ON FREIGHT / DEADFREIGHT IS PAYABLE TO
CHARTERERS AGENT IF VESSEL OFFERED DIRECT. IF BROKER INVOLVED
THEN 2/3RD OF 2.50 PERCENT IS PAYABLE TO CHARTERERS AGENT AND
1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.
.
OWISE SUBJECT TO TERMS AND CONDITIONS OF LAKESS CHARTER PARTY
PROFORMA.
.
OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500,
WASHINGTON D.C. 20006, BY 1100 HRS ET JAN 12, 2009.
.
ONLY OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR
CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED. IF A TELEFAX OFFER BEGINS TO PRINT
PRIOR TO THE DEADLINE AND CONTINUES TO PRINT PAST THE DEADLINE UNTIL COMPLETE IT
WILL BE CONSIDERED TO BE RECEIVED ON TIME. OFFERS WILL BE OPENED AND READ IN
PUBLIC AT THAT TIME AND PLACE. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL
BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. NO OFFERS MADE SUBJECT OPEN
WILL BE CONSIDERED. OFFERS ARE TO REMAIN VALID UNTIL 1100 HRS WASHINGTON DC TIME
JAN 13, 2009. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY
LAKES AND USDA.
.
FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006. PHONE:
202-331-7395; TELEFAX: 202-331-7735; E-MAIL: JAMES.MEAD@BKALOGISTICS.NET OR
MARK.MILLARD@BKALOGISTICS.NET
?END
08-020B Mozambique Amendment
October 6, 2008
Freight Tender Amendment: LAKES Mozambique (10/06/08).
.
BKA LOGISTICS LLC, ON BEHALF OF LAND OLAKES (LAKES), HEREBY AMENDS THE MOZAMBIQUE FREIGHT TENDER MOZ-LAKES-FFP-08-020B ISSUED SEPT 30, 2008 AS FOLLOWS:
VESSEL GEAR REQUIREMENT CLAUSE AMENDED TO READ:
VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF SELF-DISCHARGE WITH VESSEL OR OWNER SUPPLIED SHORESIDE GEAR (CRANES AND/OR SWINGING DERRICKS WITH MINIMUM 8 MT S.W.L. CAPACITY SUITABLE FOR DISCHARGE BY CLAM-SHELL OPERATIONS), VACUVATORS ARE PERMITTED. ALL DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNERS EXPENSE. OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER / FUEL TO OPERATE OWNER PROVIDED DISCHARGING GEAR. DISCHARGE GEAR MUST BE CAPABLE OF MAINTAINING THE GUARANTEED RATES ABOVE, ANY TIME LOST AS A RESULT OF BREAKDOWN OF VESSELS GEAR TO BE EXCLUDED FROM LAYTIME USED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSELS CREW FREE OF CHARGE TO CHARTERERS. MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED.
.
ALL OTHER TERMS AND CONDITIONS OF TENDER REMAIN UNCHANGED.
.
FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON DC,
PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL:
JAMES.MEAD@BKALOGISTICS.NET -OR- MARK.MILLARD@BKALOGISTICS.NET
08-020B Mozambique Tender
October 1, 2008
Freight Tender: BKA Logistics, Wheat, LAKES Mozambique
(09/30/08).
.
BKA LOGISTICS LLC., FOR AND ON BEHALF OF LAND OLAKES (LAKES), REQUESTS OFFERS
OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF HARD RED WINTER WHEAT, IN
BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
.
IFB NO: MOZ-LAKES-FFP-08-020B.
.
CARGO: UP TO 15,600 MT HARD RED WINTER WHEAT, IN BULK
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.
.
LAYCAN: DEC 29, 2008 JAN 13, 2009. OWNERS TO PROVIDE 14-DAY PREADVISE UPON
FIXING.
.
LOADING: 1/2 SAFE BERTHS EACH 1/2 SAFE PORT(S) ANY U.S. RANGE. MISSISSIPPI
RIVER, INCLUDING BUT NOT NORTH OF PORT ALLEN TO BE CONSIDERED AS ONE PORT;
COLUMBIA 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.
.
DISPORT: 1 / 2 SAFE BERTHS 1/ 2 SAFE PORTS MOZAMBIQUE OUT OF NACALA, BEIRA, OR
MAPUTO. DISPORT TO BE DECLARED UPON FIXING AND LIFTING OF ALL SUBJECTS.
.
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY
DESPATCH AT THE AVERAGE RATE AS PROVIDED BELOW BASED ON VESSELS
CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER
WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS
EXCEPTED, EVEN IF USED. SATURDAYS AS PER THE BFC SATURDAY CLAUSE.
.
BULK CARRIERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
--------------------- --------------------
0 9,999.99 MT 4,000 MT PER DAY
10,000.00 19,999.99 MT 5,000 MT PER DAY
20,000.00 29,999.99 MT 6,000 MT PER DAY
30,000.00 39,999.99 MT 7,500 MT PER DAY
40,000.00 49,999.99 MT 10,000 MT PER DAY
50,000.00 MT AND ABOVE 12,000 MT PER DAY
.
TANKERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
----------------------- -----------------------
0 9,999.99 MT 4,000 MT PER DAY
10,000.00 19,999.99 MT 5,000 MT PER DAY
20,000.00 29,999.99 MT 6,000 MT PER DAY
30,000.00 MT AND ABOVE 7,500 MT PER DAY
.
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
.
DISCHARING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK
AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE
RATE OF 1,500 TONS OF 2204.6 POUNDS FOR BULK CARRIERS AND 1,000 TONS OF
2204.6 POUNDS FOR TWEENDECKERS/TANKERS PER WEATHER WORKING DAYS OF
24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF
USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME
FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800
HRS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING HOLIDAY) SHALL NOT
COUNT AGAINST LAYTIME, EVEN IF USED. DISCHARGE GUARANTEE SHALL NOT
APPLY ON LASH/SEABEE BARGES. CHARTERER / RECEIVERS TO APPOINT AND PAY
FOR STEVEDORES AT PORT OF DISCHARGE.
.
DEMURRAGE / DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS.
OWNERS ARE TO SPECIFY THEIR DEM/DES RATES IN THEIR OFFER, DESPATCH
RATES MUST BE ONE-HALF OF DEMURRAGE RATES AS QUOTED.
.
LAYTIME IS NON-REVERSIBLE. 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 WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT
GRAIN ASSOCIATIONS FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000)
CLAUSE NOS 1-10 INCLUSIVE (HEREINAFTER REFERRED TO AS
NAEGA) REGARDLESS OF VESSEL TYPE. FURTHER, THE FOLLOWING
MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD BUYER
APPEARS, THE WORDS VESSEL OWNER IS TO BE SUBSTITUTED. UNDER
NO CIRCUMSTANCE SHALL CHARTERERS OR USDA/CCC BE RESPONSIBLE
FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME
OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL
OWNER AND COMMODITY SUPPLIER. ANY/ALL DISPUTES BETWEEN
VESSEL OWNER AND SUPPLIER ARISING OUT OF THE CONTRACT
RELATING TO THE SETTLEMENT OF LAYTIME ISSUES SHALL BE
ARBITRATED IN NEW YORK IN ACCORDANCE WITH THE INTL ARBITRATION RULES
OF THE AMERICAN ARBITRATION ASSOCIATION.
.
DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY
BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO
PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT
TO CHARTERERS AGENT BKA LOGISTICS FOR APPROVAL WITHIN THIRTY
(30) DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF
READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED
ON BEHALF OF CHARTERERS AND VESSEL OWNERS, ARE TO BE
PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT .
USDA/CCC SHALL NOT BE RESPONSIBLE FOR RESOLVING DISPUTES
INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF
DEMURRAGE OR DESPATCH BETWEEN CHARTER AND VESSEL OWNERS.
ANY/ALL DISPUTES BETWEEN CHARTERER AND VESSEL OWNER 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.
.
VESSEL TYPE RESTRICTIONS: TOWED BARGES WILL NOT BE
CONSIDERED. TANKERS (US FLAG ONLY) WILL BE CONSIDERED BASIS FULL
LIGHTERING.
.
FOREIGN FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND
MUST BE CLASSED HIGHEST IN LLOYDS REGISTER OR ITS EQUIVALENT DATE OF
ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA
INSURANCE ON ACOUNT OF VESSELS AGE, FLAG, OWNERSHIP, TYPE,
CONFIGURATION OR CLASSIFICATION WILL BE FOR OWNERS ACCOUNT, BUT NOT
EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON RATES
FOR NON-US FLAG VESSELS. NVOCCS MAY NOT BE EMPLOYED TO CARRY U.S.
FLAG OR FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND
ITBS, OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE
FROM NCB CERTIFYING THAT VESSELS HATCH COVERS AND ANY OTHER
OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO
PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO SPACES.
COST OF SEALING AND SPECIAL SURVEY ARE FOR ACCOUNT OF OWNER
AND IN NO WAY DIMINISHES OWNERS LIABILITY AND RESPONSIBILITIES
TOWARD THE CARGO.
.
SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE
PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE
ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.
.
VESSEL GEAR REQUIREMENTS: CARGO TO BE DISCHARGED BY RECEIVER BY MEANS
OF GRABS AND/OR VACUVATORS. VESSEL(S) TO POSSESS EITHER CRANE(S) OR
DERRICK(S) WITH MINIMUM 5 MT SWL TO UPHOLD VACUVATOR(S) AND PIPING
DURING DISCHARGE OPERATIONS. ANY TIME LOST AS A RESULT OF BREAKDOWN OF
VESSELS GEAR TO BE EXCLUDED FROM LAYTIME USED. OPENING AND CLOSING OF
HATCHES TO BE CARRIED OUT BY VESSELS CREW FREE OF CHARGE TO
CHARTERERS. MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN
TENTS FOR ALL HATCHES ARE REQUIRED.
.
SPECIAL NOTE 2:
OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT(S)
WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT AND PERMISSABLE LOA/BEAM. IF
VESSELS DRAFT EXCEEDS SUCH DRAFT, EXCEEDS THE LOA/BEAM, OR IN ANY OTHER
RESPECT IS NOT ACCEPTED BY THE PORT(S) AUTHORITY OWNERS TO BE FULLY
RESPONSIBLE FOR ANY AND ALL COSTS INCURRED IN REACHING SAFE DRAFT OR
OTHERWISE BEING ACCEPTED BY THE AUTHORITIES. LIGHTENING, IF ANY, TO BE
PERFORMED IN THE TERRITORIAL WATERS OF MOZAMBIQUE.
.
VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION
IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE
FGIS-PN-05-02 DATED JAN 7 2005, AND VESSELS THAT CANNOT BE SO FUMIGATED WILL NOT
BE CONSIDERED. AT FINAL LOADING PORT, COMMODITY SUPPLIER WILL ARRANGE AND PAY
FOR IN-TRANSIT FUMIGATION PERFORMED BY A CERTIFIED APPLICATOR. FUMIGATION MUST
BE WITNESSED BY FGIS, USDA, AND THE ALUMINUM PHOSPHIDE PREPARATION MUST BE
CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS
MUST BE USED. FOR TWEENDECKERS AND BULK CARRIERS (INCLUDING PUSH-MODE ITB), THE
RECIRCULATION METHOD OF FUMIGATION WILL BE USED. TWEEN-DECK VESSELS ARE
ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN
INSPECTED AND FOUND TO BE SUITABLE FOR IN-TRANSIT FUMIGATION AND SUCH WRITTEN
STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
.
- OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE
OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS.
.
- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED,
MUST BE COMPATIBLE AND NON-INJURIOUS TO LAKESS CARGO, MUST
BE DETAILED IN OFFER OR APPROVED BY LAKES/USDA IF CONTRACTED
AFTER FIXTURE OF LAKES CARGO. VESSELS ITINERARY AND
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN
INTO CONSIDERATION BY LAKES/USDA IN APPROVAL OF SUCH PART
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF LAKESS
CARGO TO DISCHARGE PORT(S).
.
- OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A
CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS
ABOVE. VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE
BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
.
- OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT LAKES/USDA APPROVAL.
.
- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP
AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO
PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE
(DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD TO THE ISM
CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD
TO THE ISPS CODE. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND
ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE OWNER OR
VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.
.
- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE. FULL
CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.
.
- SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW
105-383 (46 USC, PARAGRAPH 2302(E)), ESTABLISHES EFFECTIVE JANUARY 1, 1999, WITH
RESPECT TO NON-US 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 GOVERNMENT IMPELLED (PREFERENCE) CARGO,
OFFEROR MUST WARRANT THAT VESSEL(S) AND OPERATOR/OWNER ARE NOT DISQUALIFIED TO
CARRY SUCH CARGO(ES).
.
- OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD.
PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS PRIOR TO 1100
HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON
THAT DAY. IF PREADVICE IS RECEIVED LATER THAN 1100 HRS WASHINGTON DC TIME ON
REGULAR BUSINESS DAY OR- ON WEEKENDS / HOLIDAYS THEN PREADVICE NOTICE WILL BE
CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY. IN ADDITION TO SENDING PREADVICE
NOTICE TO BKA AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE
TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.
.
ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES
FOR U.S. FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL
CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.
.
APPROVED U.S. FLAG RATES WILL BE REDUCED TO A LEVEL NO HIGHER
THAN THE MARITIME ADMINISTRATIONS FAIR AND REASONABLE RATE IN
THE EVENT THAT APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST
VESSEL TO THE U.S. GOVERNMENT (INCLUDING TUG AND/OR BARGE).
.
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS
THAN FULL CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET
ANY REVISED MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE
DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.
.
U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR
HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS
COSTS PRIOR TO SUBMISSION OF OFFER.
.
OFFERORS ARE ENCOURAGED TO PROVIDE THE FOLLOWING
INFORMATION: VESSEL NAME / TYPE / FLAG / YEAR BUILT / LOA / BEAM /
DWT / DRAFT / GEAR (IF ANY) / ETA AT LOAD AND DISCHARGE PORTS /
FULL STYLE OF OWNERS.
.
FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON
BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL
FREIGHT (IF ANY) PER METRIC TON ON ENTIRE CARGO FOR EACH
ADDITIONAL LOAD OR DISCHARGE PORT IF USED.
.
IF OWNERS INTEND TO LIGHTEN, OFFER TO SPECIFY THE COST OF
LIGHTENING, AND WHETHER ACTION IS FULL OR PARTIAL LIGHTENING. IF
LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND THE
VESSEL DISCHARGES AT BERTH THEN THE COST OF LIGHTENING WILL BE
DEDUCTED FROM THE OCEAN FREIGHT.
.
LAKES RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.
.
COMMISSION: 2.50 PERCENT ON FREIGHT / DEADFREIGHT IS PAYABLE TO
CHARTERERS AGENT IF VESSEL OFFERED DIRECT. IF BROKER INVOLVED
THEN 2/3RD OF 2.50 PERCENT IS PAYABLE TO CHARTERERS AGENT AND
1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.
.
OWISE SUBJECT TO TERMS AND CONDITIONS OF LAKESS CHARTER PARTY
PROFORMA.
.
OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500,
WASHINGTON D.C. 20006, BY 1100 HRS ET OCT 07, 2008.
.
ONLY OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR
CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED. IF A TELEFAX OFFER BEGINS TO PRINT
PRIOR TO THE DEADLINE AND CONTINUES TO PRINT PAST THE DEADLINE UNTIL COMPLETE IT
WILL BE CONSIDERED TO BE RECEIVED ON TIME. OFFERS WILL BE OPENED AND READ IN
PUBLIC AT THAT TIME AND PLACE. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL
BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. U.S. FLAG OFFERS MADE SUBJECT
OPEN WILL ONLY BE CONSIDERED WHEN THE SUBJECT RESTRICTION IS LIFTED PRIOR TO
1100 HRS WASHINGTON DC TIME OCT 08, 2008. NO OFFERS OF NON-U.S. FLAG VESSELS
MADE SUBJECT OPEN WILL BE CONSIDERED. OFFERS ARE TO REMAIN VALID UNTIL 1700
HRS WASHINGTON DC TIME OCY 09, 2008. FIXTURES RESULTING FROM THIS TENDER ARE
SUBJECT TO APPROVAL BY LAKES AND USDA.
.
FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006. PHONE:
202-331-7395; TELEFAX: 202-331-7735; E-MAIL: JAMES.MEAD@BKALOGISTICS.NET OR
MARK.MILLARD@BKALOGISTICS.NET
?END