Liberia Award10-021B
[FoodAid/FFP/images/ifb-header.html]
10-021B Liberia Award
November 2, 2010
Freight Award Details:
Vessel: MV Sheila McDevitt, U.S. Flag Geared Bulk carrier
Owner: U.S. United Ocean Services, LLC
Cargo: 2,950 MT HRW
Laycan: December 6–15, 2010
Loading: 1SB 1SP US Gulf
Delivery: 1-2SB 1SP Monrovia, Liberia
Freight: USD 200.00/MT, Basis 1SB 1LP US Gulf / 1SB Monrovia
Additionals/if applicable: USD 25,000 Lump-Sum for additional DB Monrovia
Demurrage:
USD 25,000/HD PDPR at LP
USD 25,000/HD PDPR at DP
Laytime is non-reversible
Fixed in combination with Title II cargoes:
6,600 MT Hard Red Winter Wheat CPI Mauritania, and
6,670 MT Sorghum USAID Durban Prepo, and
6,000 MT Yellow Corn USAID Lome Prepo
10-021B Liberia Tender
October 22, 2010
Freight Tender
Liberia Food for Progress Program
Invitation for Bid 10-021B
October 22, 2010
Muller Shipping Corporation, New York, for and on behalf of ACDI/VOCA, 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 as needed) for the
carriage of Food for Progress program cargoes as per the following.
Cargo: Up to approximately 2,950 metric tons Wheat in bulk (one grade - HRW)
Laycan: December 6-15, 2010
Loading: 1-2SB, 1-2SP, All USA Port Ranges
Discharging: 1-2SB 1SP Monrovia, Liberia
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
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.
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.
Terms/Conditions:
1. Vessel Restrictions:
- Towed Barges not workable. U.S. flag tweens, tankers and ITBs will be
considered. Non-U.S. flag vessels to be bulkers only.
- 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. Any documentary
evidence of overage premium waivers or reductions is to be furnished with offer.
- Cargo shall not be loaded into deep/wing holds or tanks and other spaces which
are not bleedable or directly accessible to grab discharge.
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: Vessel must be capable of self-discharge with
vessel’s gear or Owner-supplied shore-side gear. Owners to provide at
their expense all necessary technical support, motive power/fuel to operate all
discharge gear and support equipment. Discharge gear provided by
Owner/Vessel shall be in good working order at all times and must be capable of
maintaining the guaranteed average discharge rate as specified elsewhere herein.
Any time lost as a result of insufficiencies of gear or breakdown of gear not to
count as Laytime or time on demurrage.
- 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/discharge 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. If segregation is by artificial separations, all
such separations and stowage must be approved by the National Cargo Bureau (NCB)
and all expenses are for Owner’s account. Any part cargo(es) shall be
non-injurious to ACDI/VOCA cargo and detailed in offer or approved by
Charterers/USDA if contracted after fixture of ACDI/VOCA cargo. Vessel
itinerary and geographic proximity of completion cargoes will be taken into
consideration.
6. Vessel must be able to be fumigated with an aluminum phosphide
preparation in-transit in accordance with the USDA/FGIS fumigation handbook 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 in accordance with the USDA/FGIS fumigation
handbook. Fumigation must be witnessed by USDA/FGIS, and the aluminum
phosphide preparation must be contained in packaging as described in the
fumigation handbook. Dust retainers must be used. For tween-deckers
and bulk carriers (including push-mode ITB), the recirculation method of
fumigation will be used. Tween-deck vessels will be considered provided they are
acceptable for in-transit fumigation in accordance with FGIS fumigation
handbook. Offers of such tween-deck vessels must be accompanied by a copy
of a letter from USDA/FGIS, stating that the vessel can be fumigated under the
FGIS in-transit fumigation procedures. In addition tween-deck vessels are
acceptable only when a certified applicator states that the vessel has been
inspected and found to be suitable for fumigation and such written statement
from the certified applicator should be submitted with the offer.
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 owner’s 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
Tankers:
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 MT and above 7,500 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 Charterers, Receivers and to Muller Shipping Corporation,
New York, Fax: 516-256-7701/email cargo@mullershipping.com within twenty (20)
days of completion of discharge. Discharge port Notice of Readiness and
discharge port Statement of Facts, both signed on behalf of 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 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.
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 (in tons of
2,204.6 pounds) per weather working day of 24 consecutive hours on the basis of
the bill of lading quantity. Time from 1700 hours Saturday or on a day
preceding a holiday until 0800 hours Monday or the next working day following
such a holiday not to count even if used. The discharge guarantee shall
not apply for LASH/Seabee barges. If part cargo, Laytime to be pro-rated
amongst all cargoes discharging Monrovia. Any shifting necessary due to
the vessel’s size or configuration to be at Owner’s time, risk and expense.
Charterers/Receivers reserve the right to nominate agents at the load and
discharge port(s) to be appointed by Owners, with agency fees for Owner’s
account, but not to exceed customary applicable fees.
12. 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.
13. 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 vessel’s 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.
14. On completion of Loading Master and or owner and or agent to send a
Sailing Notice to Charterer’s agent, Muller Shipping Corporation, New York, Fax:
516-256-7701/email cargo@mullershipping.com. Said notice to state vessel name,
flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading
date, ETA Monrovia and any ports of call before Monrovia, and loaded draft of
vessel upon arrival at Monrovia.
15. Transshipment is not permitted.
16. 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.
17. Both U.S. and foreign flag offers that are responsive to this tender
will be considered, with no negotiation permitted.
18. Non-vessel Operating Common Carriers (NVOCC) may not be employed to
carry U.S. or Foreign Flag shipments.
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 clause 27.
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 Charterers-USDA prior
approval. Any vessel substituted shall be of the similar type, class,
approximate size and with same Laydays.
All vessel substitutions must be vetted through the USDA/Foreign Agricultural
Service. The proposed substitute vessel must be of the same service
category as the originally awarded vessel. This applies to both U.S. and
foreign flag vessel substitutions. The proposed substitute vessel must
also appear on the applicable Maritime Administration U.S. or foreign flag
vessel list which can be accessed using the following URL:
http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…
assistance/cargo_human_assistance_reports/Humanitarian_Food_Aid_Reports.htm
24. 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.
25. 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.
26. All other terms and conditions as per Proforma Charter Party,
available upon request.
27. Offers to be received by Muller Shipping Corporation by sealed letter,
telex or telefax not later than 1100 hours New York Time October 27, 2010 for
validity 1700 hours New York Time October 29, 2010. No phone or verbal offers
will be accepted. ACDI/VOCA reserves the right to accept or reject any and all
offers.
If telex or telefax offers start printing prior to 1100 hours October 27, 2010
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 1100 hours New York Time October 28, 2010.
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)