Guatemala Award14-014B

IFB #:
14-014B
Tender Date:
Award Date:
Award Flag:
---
PVO:
Save the Children
Agent:
BKA Logistics
Program:
McGovern-Dole Food for Education Program

[FoodAid/FFP/images/ifb-header.html]

IFB# 14-014B Guatemala Tender Award

July 2, 2015

AWARD NOTICE

Save The Children Freight IFB14-014B 

On behalf of Save the Children Federation, Inc. (SC), Charterer, BKA Logistics is pleased to confirm following freight award.

OWNERS:  LIBERTY GLORY CORPORATION

VESSEL:  MV LIBERTY GRACE

VESSEL FLAG: USA        BUILT 2001.  GEARED BULK CARRIER   

CARGO:  As part cargo for 1,740 MT Bulk Soybean Meal for SC. In addition, vessel will also load under separate Charter Parties 10,000 MT Yellow Corn Bulk and 5,000 MT of Soybean Meal in Bulk for the Government of Guatemala, for a total of 16,740 Metric Tons of bulk cargo.  SC cargo of Bulk Soybean Meal must be separated from the Govt of Guatemala cargo, by Owner, at Owner’s risk, time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation.

Any other part cargo(es) are subject to USDA and Charterer’s approvals.

LAYDAYS: July 20-30, 2015.  Owner to provide 14 days Preadvice of Vessel Readiness to load.

LOAD PORT: One to two Safe Berths each One Safe Port US Gulf.  Intend G-NO-DST-A – USGulf, -NOLA-Destrehan- ADM elevator. To be confirmed on receiving vessel 14 days Preadvice Notice.

LOADING TERMS:  Scale Load per Freight RFP.

DISCHARGE PORT(S): 1 to 2 safe berths Puerto Quetzal, Guatemala, where charterer/receivers advise  maximum Salt Water Arrival Draft (SWAD) is 10.5M.

DISCHARGE TERMS: Cargo to be discharged, free of risk and expense to the vessel (free out discharge), at the average rate of 1,500 Metric tons of 2204.6 pounds pro rata 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.

FREIGHT RATE:

Ocean Freight Rate US$104.00 PMT basis one load berth one load Port to one safe berth Puerto Quetzal, Guatemala.  If Mississippi River load add lumpsum US$70,000.00 – to be prorated over entire 16,740 MT equates to US$7,275.99 on the 1,740 MT of SC cargo

Total Ocean Freight will be US$188,235.99, equates to US$108.18 Per Metric Ton, basis one load berth Mississippi River to one safe berth Puerto Quetzal.

For each additional load berth, if used add lumpsum US$60,000.00 to be prorated over entire 16,740 MT.

For each additional load port, if used, add lumpsum US$90,000.00 to be prorated over entire 16,740 MT.

For second discharge berth if used at Puerto Quetzal add Lumpsum US$25,000.00 to be prorated over entire 16,740 MT.

Demurrage/ Despatch at Load Port: US$30,000.00 /HD PDPR

Demurrage/ Despatch at Discharge Port: US$30,000.00/HD PDPR

Otherwise all other terms and conditions as per SC Freight IFB 14-014B dated June 17, 2015 and the SC  Proforma Charter Party For Bulk Cargoes Free Out June 2015.

END OF FIXTURE RECAP

IFB# 14-014B Guatemala Tender

June 17, 2015

Freight Tender: BKA Logistics, Save the Children, Soybean Meal to Guatemala

IFB No. 14-014B

BKA Logistics LLC., for and on behalf of Save the Children Federation Inc. (hereafter SC), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybean Meal in bulk, under the McGovern –Dole Food for Education program on the following basis:

BKA Ref: F15-0004

Tender date: June 17, 2015

IFB No: 14-014B

Commodity Solicitation No. 2000003419.

Freight Solicitation No. 2000003420.

WBSCM SO # 5000281222

SC Ref: M-GT-281222-1

Freight offers are due no later than 1000 hrs. CDT. (1100 hrs. EDT.), June 24, 2015.

Freight offers are to remain valid until 1700 hours EDT., June 25, 2015

Only firm offers are to be submitted.

 

Submission of freight offers:

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this RFP via the U.S. Department of Agriculture (USDA) web based supply chain management (WBSCM) system for the solicitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned solicitation(s), including the deadline(s) for submission of bids therein.

The web based supply chain management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=wbscm

Carriers must be assigned a USDA E-Authentication logon ID and password to access the WBSCM system. Contact the WBSCM help desk for information regarding logon IDs, passwords, and WBSCM system questions or concerns:

Telephone: (877) 927-2648

E-mail: wbscmhelp@ams.usda.gov

Freight payment: freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from BKA Logistics LLC – email: mark.millard@bkalogistics.net.

1) Cargo:        

Up to 1,740 Metric Tons of Soybean Meal in Bulk. Contracted quantities will be on min/max basis.

Any completion cargoes shall be subject to approval of SC and USDA (see clause 19 below for further details on completion cargoes).  Any completion cargoes, even if same grade and quality of SC cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. If Kobe separation used, Owner must construct the separation so that fumigation of the Soybean Meal is effective and the separation/stowage must be approved by the National Cargo Bureau (NCB), all at Owner’s time, risk and expense.

2) Laydays: July 20-30, 2015. Owners to provide fourteen (14) days pre-advise notice of vessel eta load port.

3) 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.

4) Discharge port: 1 / 2 safe berths Puerto Quetzal, Guatemala, where charterer/receivers advise the maximum Salt Water Arrival Draft (SWAD) is 10.5Meters.

5) 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, Saturdays, Sundays and holidays excepted, even if used. (WWDSSHEXEIU).

Bulk carriers:

Vessel contracted Quantity                            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 Quantity                            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.

No load guarantee for Lash / Seabee barges.

Prior to tendering the notice of readiness the vessel must pass USDA FGIS stowage examination inspection and NCB Load Readiness inspection. Charterer requires and owner to provide the original USDA FGIS Vessel Stowage Examination certificate and NCB load readiness certificate and not worksheets.

NB: Charterer/Receiver may require a Preshipment Inspection per Guatemala import regulations. Said Preshipment Inspection shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.

6) Discharging terms: Cargo to be discharged, free of risk and expense to the vessel (free out discharge), at the average rate of 1,500 Metric tons of 2204.6 pounds pro rata 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. Notification of vessel’s readiness (NOR) to discharge must be provided to the buyer/receiver or its agent within the period of 0800 hrs. to 1800 hrs. Puerto Quetzal time, Monday through Friday (except holidays) and within the period of 0800 hrs. to 1300 hrs. on Saturdays (Sunday and Holiday excluded), whether the vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not WIFPON);  whether the vessel is in port or not (WIPON), whether the vessel is in berth or not ( WIBON).  Laytime to commence at 0800 hrs. on the next working day after the NOR has been tendered, WCCON; WIFPON, WIPON, WIBON.

At the vessel’s option the NOR may be tendered in writing by cable, telex, facsimile or email. Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.

Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. All expenses for shifting vessel from one anchorage or berth or place of cargo operations to another are for the Vessel Owner’s account but time to count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.

Discharge guarantee shall not apply on lash/seabee barges.

7) At load port owner to appoint and pay for stevedores. At discharge port charterer /receivers to appoint and pay for stevedores.

8) At load port owner to appoint and pay for vessel’s agent. Charterer/receiver shall nominate the vessel’s agent at the discharge ports, whom owner will appoint and pay.

9) Demurrage / despatch are applicable at load and discharge ports.  Owners are to specify their demurrage /dispatch  rates in their offer, Despatch rates must be one-half of demurrage rates as quoted.

10) Laytime is non-reversible. 

11) At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s 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 Int’l Arbitration rules of the American Arbitration Association.

12) At discharge port laytime accounts to be settled directly between receiver and vessel owner. Neither Charterer (SC) nor USDA shall be responsible for resolving disputes involving calculation of laytime or the payment of demurrage or despatch between receiver and vessel owners. Any/all disputes between receiver 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.

13) Vessel type restrictions: Tankers will not be considered. US Flag Tween/ Multi deckers; ITB and Towed barges will be considered. Non US Flag vessels must be bulk carrier/single deck vessels only. All performing vessels must meet the port /terminal restrictions on Vessel LOA, Beam, and arrival draft. Otherwise the lightening clause of this tender takes effect.

14) Foreign flag vessels must not be older than 20 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 account of vessel’s 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.  NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments.   For vessels over 15 years of age , ITB’s, and Towed barges, 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.

Special note: Should offered vessel be enrolled in an insurance program that negates the overage premium requirement, offer to include all information and certifications for verification.

15) Vessel gear requirements:  Vessels must be capable of self discharge by means of clam shells with vessel gear or owner supplied shoreside gear. Vessel(s) to possess either crane(s) or derrick(s) with the capacity to handle 15 MT capacity clam shells. 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 and technician to operate owner provided discharging gear. Discharge gear must be in good working order and capable of maintaining the guaranteed rate of discharge as per discharging clause 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.

Vacuvators are not permitted to be used for either lightening or discharge the Soybean Meal.

 

16) 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 Guatemala. Lightening vessel utilized must be single deck bulk carriers.

17) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with USDA/FGIS Handbook dated September 2006 and any subsequent revisions to said handbook. 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.

18) Offerors should consider offering vessels to carry a range of tonnages to accommodate program needs. 

19) Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to SC’s cargo, and must be detailed in offer or approved by SC/USDA if contracted after fixture of SC cargo.  Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by SC/USDA in approval of such part cargo(es) in order not to unduly impede delivery of SC’s cargo to discharge port(s).

20)Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above.  Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.

21) 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 regard 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.

22) Owners guarantee that this vessel complies fully with the International Safety Management (ISM) code and (ISPS) code.  Full clause provided in proforma charter party.

23) 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-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 government impelled (preference) cargo, offeror must warrant that vessel(s) and operator/owner are not disqualified to carry such cargo(es).

24) Owners to provide fourteen (14) day preadvice of vessel readiness to load.  Preadvice notice must be received at the office of BKA Logistics LLC. Prior to 1100 hrs. Washington 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.

25) 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.

26) 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.

27) 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.

28) Offerors are required to provide the following information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft / gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in class at time of the offer and during the voyage. Offers of named vessels with substitute option will be considered.  However any substitution of the named vessel after the fixture must be approved by Charterer and USDA in accordance with the relevant Charter party clause.

29) Freight rates are to be quoted in U.S. dollars per metric ton basis one loading berth, one loading port to one discharging berth each, one discharging port, plus additional freight (if any) per metric ton on entire cargo for each additional load berth, load port if used and per metric ton for each additional discharge berth, if used. 

30) 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.

31) SC reserves the right to accept or reject all offers.

32) Commission: 2.50 percent on freight / deadfreight is payable to charterer’s agent if vessel offered direct.  If broker involved then 2/3rd of 2.50 percent is payable to BKA  Logistics LLC and 1/3rd of 2.50 percent is payable to offering broker.

33) US Government impelled cargo.

The cargo and freight under this Charter Party are financed by and under one of the U.S. Government Food Assistance programs, whether it be Public Law 480 , Food For Progress , McGovern Dole Food For Education or an Emergency food aid program. Therefore this Charter Party will be governed by actions or orders of the United States Government Agency in charge. Said orders falling under the “Stop Work Order” and actions under the Federal Acquisition Regulation 52.249-2 – “Termination For Convenience of the Government: (Fixed Price).

FAR 52-249-8  Default (Fixed price supply and service) plus Alternate I. Amendment: in the Default Clause and in Alternate I - Paragraph (a)(2) - delete the phrase,

"if the contractor does not cure such failure within 10 days"

and in lieu thereof include the  language,

"if the contractor does not cure such failure within 72 hours."

In the event of such an order or action by the U.S. Government this Charter Party shall be deemed to be either terminated or basis a mutual agreement between Owner and Charterer extended under mutually acceptable and agreed upon terms and conditions.

In the event of a termination of the Charter Party as a result of aforementioned U.S. Government order or action, neither Charterer nor the U.S. Government shall be liable to the Owner for any deadfreight and or other damages

34) Otherwise subject to terms and conditions of Save the Children Charter Party proforma.

34) Offers to be submitted electronically through the WBSCM no later than 1000 hours central time USA on June 24, 2015. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hrs. Washington DC time June 25, 2015. Fixtures resulting from this tender are subject to approval by SC and USDA.

For further information regarding this specific tender contact:

BKA Logistics LLC, 1629 K Street NW, suite 500, Washington DC  20006.

Phone: 202-331-7395 telefax: 202-331-7735,

Email: mark.millard@bkalogistics.net

Email: rsingh@bkalogistics.net.

End


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