Philippines Award09-012B

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09-012B Philippines Tender
September 27, 2009


Freight Tender: BKA Logistics, Meal, LAKES Philippines (08/27/09).
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BKA LOGISTICS LLC., FOR AND ON BEHALF OF LAND O’LAKES, INC (LAKES), REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF SOYBEAN MEAL, IN BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
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IFB NO: PHIL-LAKES-FFP-09-012B.
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CARGO: APPROX 9,730 MT SOYBEAN MEAL, IN BULK
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS
(CARRIERS ARE STRONGLY ENCOURAGED TO OFFER IN COMBO WITH APPROX 9000 METRIC TONS OF SOYBEAN MEAL BEING
TENDERED SEPARATELY ON BEHALF OF CATHOLIC RELIEF
SERVICES, USCC)

LAYCAN: SEPT 20 - 30, 2009. SUCCESSFUL OFFEROR WILL BE REQUIRED TO PROVIDE A 14-DAY PREADVISE TO LOAD.
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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.
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DISPORT: 1/2 SAFE BERTHS 1 SAFE PORT SUBIC BAY, PHILIPPINES.
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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.
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BULK CARRIERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
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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
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TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
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DISCHARING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE
TO VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 500 TONS OF
2204.6 POUNDS PER WEATHER WORKING DAY OF 24-CONSECUTIVE HOURS PER
WORKING HOLD, BUT NOT TO EXCEED 2500 TONS PER WWDSSHEXEIU FOR BULKERS
–AND/OR- 200 TONS OF 2204.6 POUNDS PER WEATHER WORKING DAY OF 24-
CONSECUTIVE HOURS PER WORKING HOLD, BUT NOT TO EXCEED 1000 TONS PER
WWDSSHEXEIU FOR TWEENS/MULTI-DECKERS. TIME FROM 1700HRS FRIDAY (OR
DAY PRECEDING HOLIDAY) THRU 0800HRS MONDAY (OR NEXT WORKING DAY AFTER
HOLIDAY) NOT TO 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.
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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.
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SPECIAL NOTE 1: SHOULD LAKES CARGO BE FIXED AS A COMPLETION CARGO OR IN COMBINATION WITH OTHER CARGO, LAKES CARGO (AND CRS CARGO, IF APPLICABLE) TO BE LOADED “FIRST IN” (WITHIN THE LAYDAYS ABOVE) AND DISCHARGED “FIRST OUT” WITH SUBIC BAY, PHILIPPINES BEING FIRST PORT OF CALL ON OUTBOUND VOYAGE.
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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 ADENDUM NO 1 OF THE NORTH AMERICAN EXPORT
GRAIN ASSOCIATION’S FOB CONTRACT NO 2 (REVISED AS OF AUGUST 1,
1988) 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 SUBJECT TO THE RULES OF THE SOCIETY OF
MARITIME ARBITRATORS, INC.
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DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY
BETWEEN CHARTERER/RECEIVER 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.
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VESSEL TYPE RESTRICTIONS: ITB UNITS WILL BE CONSIDERED. TOWED BARGES
WILL NOT BE CONSIDERED. TANKERS WILL NOT BE CONSIDERED.
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VESSELS MUST NOT BE OLDER THAN 25 YEARS AND MUST BE CLASSED HIGHEST IN
LLOYD’S REGISTER OR ITS EQUIVALENT – DATE OF ORIGINAL CONSTRUCTION, NOT
REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACOUNT OF VESSEL’S
AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION OR CLASSIFICATION WILL BE FOR
OWNERS ACCOUNT. NVOCC’S MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR
FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND ITB’S,
OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE FROM NCB
CERTIFYING THAT VESSEL’S 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.
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SPECIAL NOTE 2: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE
PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE
ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.
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VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF SELF-DISCHARGE
WITH VESSEL OR OWNER SUPPLIED SHORESIDE GEAR WITH CAPACITY TO HANDLE 15
METRIC TON CLAM-SHELL. ALL DISCHARGE GEAR AND EQUIPMENT IS TO BE
SUPPLIED BY OWNER AT OWNER’S 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
VESSEL’S GEAR TO BE EXCLUDED FROM LAYTIME USED. OPENING AND CLOSING OF
HATCHES TO BE CARRIED OUT BY VESSEL’S CREW FREE OF CHARGE TO
CHARTERERS. MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN
TENTS FOR ALL HATCHES ARE REQUIRED.
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OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT
WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT. IF VESSELS DRAFT
EXCEEDS SUCH DRAFT, OWNERS TO BE FULLY RESPONSIBLE FOR ANY
AND ALL COSTS INCURRED IN REACHING SAFE DRAFT. LIGHTENING, IF ANY,
TO BE PERFORMED IN THE TERRITORIAL WATERS OF HONDURAS.
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VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT 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. DUST RETAINERS MUST BE USED. FOR TWEENDECKERS AND BULK CARRIERS (INCLUDING PUSH-MODE ITB), SURFACE APPLICATION. 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.
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- OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE
OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS.
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- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED,
MUST BE COMPATIBLE AND NON-INJURIOUS TO LAKES’S CARGO, MUST
BE DETAILED IN OFFER OR APPROVED BY LAKES/USDA IF CONTRACTED
AFTER FIXTURE OF LAKES MEAL. VESSEL’S 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 LAKES’S
CARGO TO DISCHARGE PORT(S).
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- 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.
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- OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT LAKES/USDA APPROVAL.
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- 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.
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- 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).
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- 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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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LAKES RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.
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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.
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O’WISE SUBJECT TO TERMS AND CONDITIONS OF LAKES’S CHARTER PARTY
PROFORMA.
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OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006, BY 1100 HRS ET AUG 31, 2009.
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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 SEPT 01, 2009. 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 SEPT 02, 2009. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY LAKES AND USDA.
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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
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