Mali Award15-045B
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IFB# 15-045B Mali Award
October 30, 2017
Booking Details:
Government of Mali – 15,000 MT Bulk Wheat
1. U.S. Flag MV “Norfolk” (P1)
7,500 MT Min/Max Bulk HRW Wheat
1 SB, 1 SP Houston, TX to SB, 1 SP Dakar, Senegal
Laydays: November 20-30, 2017
Frt Rate: $181.00 per MT
2. Non U.S. Flag “Fairy Island” (P3)
7,500 MT Min/Max Bulk HRW Wheat
1 SB, 1 SP Houston, TX to SB, 1 SP Dakar, Senegal
Laydays: November 20-30, 2017
Frt Rate: $73.89 per MT
All other terms and conditions remain unchanged.
IFB# 15-045B Mali Re-Tender
October 19, 2017
Freight tender:
Government of the Republic of Mali / FFP – Bulk Wheat
Panalpina, Inc. as agent for the Government of the Republic of Mali, requests
Firm offers of U.S. and non U.S. flag
geared vessels (U.S. Flag gearless vessels will be considered provided owners
supply discharging equipment and gear to effectively maintain discharge rates
stated below per proforma charter party and freight tender terms) for the
carriage of Bulk Wheat under the Food for Progress program on the following
basis:
Date: October 19, 2017
RFP No.:
MALI-FFP-15-045B
Freight Solicitation No.:
2000005057
Commodity Solicitation No: 2000005056
1.
Commodity: Hard Red
Winter Wheat in Bulk
Quantity: Approximately 15,000 MT
Laydays: November 20-30, 2017
-Offerors should consider offering vessels to carry a range of tonnages in the event that the
quantities purchased are more or less than the quantities stated in this tender. Contracted
quantity to be on a Min/Max basis.
-Offers submitted under this freight tender are required to have a canceling date no later than the last contract layday as above, and vessels which are offered with a canceling date beyond the laydays specified above will not be considered.
-Offers of named vessels only will be considered. Owners will not have the right to substitute
without Charterers and USDA approval.
-All offers must state vessel’s current position and
itinerary with ETA basis loadport and discharge port.
-If contracted on part cargo basis, any completion cargoes shall be subject to approval of Gov. of the Republic of Mali and USDA. Any completion cargoes, even if the same grade and quality of Gov. of the Republic of Mali’s cargo, the cargo must be duly separated by owner, at owner’s time, risk and expense. Separation to be by vessel’s natural segregation, or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s time, risk and expense. If Kobe separation used, owner must construct the separation so that fumigation of the cargo is effective and the separation/stowage must be approved by the National Cargo Bureau (NCB), all at owner’s time, risk and expense.
Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to Gov. of the Republic of Mali’s cargo, and must be detailed in offer or approved by Gov. of the Republic of Mali/USDA if contracted after fixture of Gov. of the Republic of Mali’s cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by Gov. of the Republic of Mali/ USDA in approval of such part cargo(es) in order not to unduly impede delivery of Gov. of the Republic of Mali Food for Progress Bulk Wheat cargo to discharge port. Dakar is to be first discharge port on vessel’s schedule.
-Owners to provide 14 (fourteen) days pre-advice of vessel readiness to load. The 14 day pre-advice must be received by Charterer’s agent no later than 11:00 am (Washington DC time) on the business day it is given. Pre-advice received after that time will count as received on the next business day. In addition to sending pre-advice to Charterers agent, owner must also provide copy of their pre-advice notice to USDA/KCCO bulk commodities division, Fax no. 816-823-2586.
2. Loading: 1/2 Safe Berth(s) each 1/2 Safe U.S. 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.
3.
Discharging: 1/2 Safe Berths,
1 Safe Port Dakar, Senegal
It is owners sole responsibility to ensure vessel meets all of the port and berth restrictions at the discharge port. Any lightening required as a result of vessel’s failure to meet port and berth restrictions at the discharge port(s) is for owner’s time, risk and expense. Any shifting necessary, due to vessel’s size or configuration to be at owner’s time, risk and expense.
4.
Terms:
(a) Loading terms:
The cargo is 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.
Bulk Carriers:
Vessel contracted quantity loading guarantee
========================= =================
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 – 309,999.99 MTMT 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:
Vessel contracted quantity
loading guarantee
=========================
=================
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
Multi-deckers:
The load guarantee shall be
3,000 MT per day.
Lash/seabee barges:
The
load guarantee shall not apply.
(b) Discharging Terms: Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 2,000 MT (in tons of 2,204.6 pounds) pro-rata per weather working day of 24 consecutive hours Saturdays, Sundays and Holidays excluded even if used (WWDSSHEX.EIU), on the basis of the bill of lading quantity. Time to count for Gov of the Republic of Mali cargo only when Gov of the Republic of Mali cargo is fully accessible for unloading and all necessary discharging equipment is at receiver's disposal. The discharge guarantee shall not apply for LASH/Seabee barges. Any shifting necessary due to the vessel’s size or configuration to be at Owner’s time, risk and expense.
(c )
Demurrage/Despatch is applicable at load and discharge ports. Owners are
to specify
demurrage/despatch rates in their offer. Despatch rates must be one-half
of demurrage
rates quoted.
(d) 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 to
Addendum No. 1 of the North American Export Grain Association, Inc.
F.O.B. Contract
No. 2 (revised as
of August 1,1988) 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.
-Discharge port laytime accounts are to be settled directly between Charterer and vessel
owner. Vessel owner is to prepare and submit signed discharge port laytime statement to
Charterer for approval within thirty 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 Charterer and the vessel owner. 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.
5. At each loadport owner to appoint and pay for stevedores. At discharge port Charterer/ receivers to appoint and pay for stevedores.
6. At each loadport owner to appoint and pay for vessel’s agent. At each load port Charterer shall appoint a load port protective agent, owner to pay Charterer’s agent Panalpina, Inc. a fee of USD 1,800.00.
At discharge port Charterer/receiver shall nominate the vessel’s agent at the discharge ports, who owner will appoint and pay.
7. Gear Requirements:
Vessels must have fully working gear for each hatch and must be capable of operating receiver’s discharging equipment and must meet all requirements/regulations of Dakar Port Authority. U.S. Flag gearless vessels will be considered provided they supply alternative discharging equipment and gear at each hatch in which cargo is loaded at owner’s expenses. Vessels must be capable of self-discharge with vessel’s onboard gear or owner supplied shoreside gear and/or with vacuvators including all necessary vacuvator pipes and supports for pipes and/or with marine legs including all necessary support equipment. Owners to provide at their expense all necessary motive power/fuel to operate all discharge gear and/or vacuvators as well as technicians, supplemental labor, bobcats, or similar equipment for use in vessel’s holds, shore-side cranes, hoppers, support or other related equipment in the case of vacuvators and marine legs to oversee their operation. Discharge gear provided by owner/vessel must be capable of maintaining the guaranteed average discharge rate as specified above. If vessel is not capable of meeting discharge rate stated above, then Port Authority at their discretion may require vessel to leave berth. In such case, any delays, shifting costs or additional expenses will be solely for owner’s/vessel’s account.
Notice of vessel’s readiness to discharge may not be
tendered before vessel is fully equipped with discharge gear/ equipment. Time
used, for gearless vessels, to assemble/prepare discharging equipment for
discharge to be excluded from laytime used. Any time lost as a result of
breakdown of vessel’s gear and/or vacuvators and/or marine legs to be excluded
from laytime used. Any shore gear required for discharging or lifting in/out of
equipment must be furnished at owner’s risk and expense.
Vessel and discharging
equipment/gear must meet all requirements/regulations of the Dakar Port
Authority.
Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches
are required. Opening and closing of hatches to be carried out by vessel's crew
free of charge to Charterers.
Vessels, ITB’s and Towed barges must have all openings to cargo spaces and hatch
covers suitably sealed with tape or by other means to assure water tight
integrity. The sealing shall be done to the satisfaction of NCB surveyor as
attested by certification of special survey. All of the above, to be performed
at vessel's time, risk, and expense. Special survey certificate will be required
as a condition of freight payment. Sealing of hatches/openings and special NCB
certificate in no way diminishes owners responsibility and liability toward the
cargo.
8. Vessel type restrictions: Ocean Going Towed Barges are excluded. Non U.S. flag vessels to be geared bulk carriers only.
9. Owners are responsible for vessel arriving at discharge berth(s) and port(s) with an acceptable safe arrival draft and must meet all berth/port restrictions. Any lightening required as a result of vessel’s failure to meet berth and discharge port restrictions is for owner’s account. Owners to be fully responsible for any and all costs in reaching safe draft. In case partial lightening, then lighterage to be for owners' time, risk and expense. If owners intend to lighten at berth(s), owners shall certify in their offer that they have obtained authorization from the Dakar Port Authority. Vessel must meet all requirements of the applicable Dakar Port Authority.
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. If the cargo is lightened using vacuvators from mother vessel to daughter vessels, vacuvators cannot be used again to discharge the daughter vessel(s). 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.
10. Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit, in accordance with USDA/FGIS 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. 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 bulkcarriers (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. Fumigation Handbook revision information as per notice to the trade dated October 26, 2009.
11. At the discharge port and upon inspection by government/receivers inspectors, if cargo and/or vessel is found to be infested, and provided clean bills of lading were issued, fumigation costs, if any, are for owners (vessels) account, and time used is to count for U.S. flag vessels; and not to count for non U.S. flag vessels.
12. Freight rate to be quoted in U.S. dollars per metric ton basis vessel load/free out basis one loading port to one discharging port. Additional freight charge must be stated for additional loading port(s) and will be considered in determining lowest landed cost in those situations where commodities are likely to be loaded at more than one port.
If owner intends to lighten, the offer to specify the cost of lightening and whether partial or full lightening. If intended lightening is not performed at discharge port and vessel discharges directly at berth, USDA will deduct the cost of lightening from the ocean freight.
13. Freight offers should not contain a "detention rate". Freight offers will not be considered non responsive solely because a detention rate was given however the related charter parties and liner booking contracts may not contain a detention rate.
14. Non U.S. flag vessels must be registered highest in Lloyds Register or equivalent and must not be more than 15 years old – date of original construction, not rebuilt date to govern.
15. Non-vessels operating common carriers (NVOCC) may not be employed to carry U.S. or foreign flag shipments.
16. Any extra insurance on cargo and freight due to vessels age, class, type, flag, configuration or ownership of the vessel is to be for owners account, but not to exceed New York market rates for U.S. flag vessels and London market rates for non U.S. flag vessels. If offerors assert that overage insurance is not applicable, then offer(s) must include documentary evidence substantiating same. Such substantiation must be clear, specific and up to date. In any case, same is subject to review and acceptance by Charterers and cargo receivers and does not guarantee relief of owner’s obligation to pay for extra insurance should Charterers/receivers determine substantiation to be insufficient to protect the cargo interests.
17. Cargo shall not be loaded into deep/wing tanks and other spaces which are not directly accessible to grab discharge.
18.
U.S. flag approved freight rate(s)
will be reduced to a level not higher than the Maritime Administration fair and
reasonable rate in the event that originally approved vessel is substituted by a
lower cost vessel.
One way rate must be quoted in addition to round trip rate for U.S. non liner
vessels whose date of original "repeat" original (not rebuilt date) construction
exceeds 15 years from date of fixture.
Freight rate for U.S. flag vessels offering basis full cargo but loading less
than a full cargo, the less than full cargo freight rate will be subject to a
reduction to meet any revised Marad freight rate guideline due to vessel loading
other additional cargo.
Offers of U.S. flag vessels will not be considered if the vessel operator has
not provided the Maritime Administration with the vessel costs prior to
submission of the offer.
U.S. flag vessels offered subject to Marad approval will not be considered. If
Marad approval of vessel is required, same must be obtained before submission of
offers.
U.S. flag vessels over 15 years old must offer an alternative freight rate to be
applicable in the event the vessel is either scrapped or vessel ownership is
transferred to another owner after discharge at destination, but prior to its
return to the United States.
19. Offers received shall be considered to warrant that the offered vessel is free from any lien and encumbrance fully insured and entered in a P and I Club.
20. ISM and ISPS code compliance: owner guarantees that this vessel, if required by the ISM (non self-propelled barges are exempt), and ISPS code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) complies fully with the International Safety Management (ISM) code and the International Ship and Port Facilities Security (ISPS) code and will remain so for the entirety of her employment under this charter party. 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 the vessel being out of compliance with the ISM and ISPS code.
21.
ISPS clause:
A.
From the date of coming into
force of the International Code for the Security of Ships and of Port Facilities
and the relevant amendments to Chapter XI of SOLAS (ISPS code) in relation to
the vessel, the owners shall procure that both the vessel and “the company” (as
defined by the ISPS code) shall comply with the requirements of the ISPS code
relating to the vessel and “the company”. Upon request the owners shall provide
a copy of the relevant International Ship Security Certificate (or the interim
International Ship Security Certificate) to the Charterers. The owners shall
provide the Charterers with the full style contact details of the Company
Security Officer (CSO).
Except as otherwise provided in the charter party, loss, damage, expense or
delay, excluding consequential loss, caused by failure on the part of the owners
or “the company” to comply with the requirements of the ISPS code or this clause
shall be for the owner’s account.
B.
Owner to specify any information required from
Charterers in order to comply with ISPS at time vessel tenders pre-advice notice
for this cargo. The Charterers shall provide the CSO and the Ship Security
Officer (SSO)/master with their full style contact details and any other
information the owners require to comply with the ISPS code.
22. Compliance with 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 a government impelled (preference) cargo, offerors must warrant that vessel(s) and owners/operators are not disqualified to carry such government impelled (preference) cargo(es).
23. War risk premium: Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates. Owners bear the risk of any increase in war risk premiums.
24.
Offerors are encouraged to include all information as listed below and in
the format as follows:
a.
Vessel Name, Flag, Year Built, Vessel Type, DWT, Holds, Hatches(sizes),
Gear, LOA,
Beam, Speed, Class, Owners Name, Salt Water Arrival Draft at Disport
b.
Cargo
c.
Load/discharge ports
d.
Load/discharge rates
e.
Laydays
f.
ETA at
load port
g.
Freight rate per MT and additional freight for additional port(s)
h.
Demurrage-despatch
i.
Transit time and ports of call in transit, if any
j.
Commissions
k.
Terms
l.
Remarks
m. Name and telephone number of
contact person.
25. All offers and subsequent awards of contracts will be subject to the provisions of the Food for Progress program and all applicable U.S. Department of Agriculture regulations pursuant thereto.
26. Offers must be submitted basis current Government of the Republic of Mali - Food for Progress Bulk Wheat Adapted October 2017. Proforma charter party is available upon request from Panalpina, Inc.
27. Freight payment will be made via electronic transfer as detailed in charter party proforma.
28. Brokerage commission is payable by owners on gross freight, deadfreight, and demurrage to Panalpina, Inc. as follows: 2.5 percent if the fixture is arranged without owner's broker and if owners' broker is involved, 2/3rds of 2.5 percent is payable to Panalpina, inc.1/3rd of 2.5 percent is payable to owners' broker.
29. 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) a 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 an 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 systems 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:
Panalpina, Inc.
30. Submission of Freight Offers:
Offers to be submitted to WBSCM no later than 10:00 hrs U.S. central time (11:00 hrs Washington, D.C. time) on Wednesday, October 25, 2017
Freight offers are to remain valid until 1700 hours Washington, D.C. time October 26, 2017
Only firm offers can be submitted.
Only offers that are responsive to the terms of the tender will be considered and no negotiation will be permitted.
No phone offers or offers via e-mail will be accepted.
31. For further information is needed contact Panalpina, Inc., 703-674-2317 or sherry.sons@panalpina.com .
IFB# 15-045B Mali Tender
October 13, 2017
Freight tender:
Government of the Republic of Mali / FFP – Bulk Wheat
Panalpina, Inc. as agent for the Government of the Republic of Mali, requests
Firm offers of U.S. and non U.S. flag
geared vessels (U.S. Flag gearless vessels will be considered provided owners
supply discharging equipment and gear to effectively maintain discharge rates
stated below per proforma charter party and freight tender terms) for the
carriage of Bulk Wheat under the Food for Progress program on the following
basis:
Date: October 13, 2017
RFP No.:
MALI-FFP-15-045B
Freight Solicitation No.:
2000005026
Commodity Solicitation No: 2000005025
1.
Commodity: Hard Red
Winter Wheat in Bulk
Quantity: Approximately 15,000 MT
Laydays: November 10-20, 2017
-Offerors should consider offering vessels to carry a range of tonnages in the event that the
quantities purchased are more or less than the quantities stated in this tender. Contracted
quantity to be on a Min/Max basis.
-Offers submitted under this freight tender are required to have a canceling date no later than the last contract layday as above, and vessels which are offered with a canceling date beyond the laydays specified above will not be considered.
-Offers of named vessels only will be considered. Owners will not have the right to substitute
without Charterers and USDA approval.
-All offers must state vessel’s current position and
itinerary with ETA basis loadport and discharge port.
-If contracted on part cargo basis, any completion cargoes shall be subject to approval of Gov. of the Republic of Mali and USDA. Any completion cargoes, even if the same grade and quality of Gov. of the Republic of Mali’s cargo, the cargo must be duly separated by owner, at owner’s time, risk and expense. Separation to be by vessel’s natural segregation, or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s time, risk and expense. If Kobe separation used, owner must construct the separation so that fumigation of the cargo is effective and the separation/stowage must be approved by the National Cargo Bureau (NCB), all at owner’s time, risk and expense.
Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to Gov. of the Republic of Mali’s cargo, and must be detailed in offer or approved by Gov. of the Republic of Mali/USDA if contracted after fixture of Gov. of the Republic of Mali’s cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by Gov. of the Republic of Mali/ USDA in approval of such part cargo(es) in order not to unduly impede delivery of Gov. of the Republic of Mali Food for Progress Bulk Wheat cargo to discharge port. Dakar is to be first discharge port on vessel’s schedule.
-Owners to provide 14 (fourteen) days pre-advice of vessel readiness to load. The 14 day pre-advice must be received by Charterer’s agent no later than 11:00 am (Washington DC time) on the business day it is given. Pre-advice received after that time will count as received on the next business day. In addition to sending pre-advice to Charterers agent, owner must also provide copy of their pre-advice notice to USDA/KCCO bulk commodities division, Fax no. 816-823-2586.
2. Loading: 1/2 Safe Berth(s) each 1/2 Safe U.S. 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.
3.
Discharging: 1/2 Safe
Berths, 1 Safe Port Dakar, Senegal
It is owners sole responsibility to ensure vessel meets all of the port and berth restrictions at the discharge port. Any lightening required as a result of vessel’s failure to meet port and berth restrictions at the discharge port(s) is for owner’s time, risk and expense. Any shifting necessary, due to vessel’s size or configuration to be at owner’s time, risk and expense.
4.
Terms:
(a)
Loading terms: The cargo is 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.
Bulk Carriers:
Vessel contracted quantity loading guarantee
========================= =================
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 – 309,999.99 MTMT 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:
Vessel contracted quantity
loading guarantee
=========================
=================
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
Multi-deckers:
The load guarantee shall be
3,000 MT per day.
Lash/seabee barges:
The
load guarantee shall not apply.
(b) Discharging Terms: Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 2,000 MT (in tons of 2,204.6 pounds) pro-rata per weather working day of 24 consecutive hours Saturdays, Sundays and Holidays excluded even if used (WWDSSHEX.EIU), on the basis of the bill of lading quantity. Time to count for Gov of the Republic of Mali cargo only when Gov of the Republic of Mali cargo is fully accessible for unloading and all necessary discharging equipment is at receiver's disposal. The discharge guarantee shall not apply for LASH/Seabee barges. Any shifting necessary due to the vessel’s size or configuration to be at Owner’s time, risk and expense.
(c )
Demurrage/Despatch is applicable at load and discharge ports. Owners are
to specify
demurrage/despatch rates in their offer. Despatch rates must be one-half
of demurrage
rates quoted.
(d)
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 to
Addendum No. 1 of the North American Export Grain Association, Inc.
F.O.B. Contract
No. 2 (revised
as of August 1,1988) 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.
-Discharge port laytime accounts are to be settled directly between Charterer and vessel owner. Vessel owner is to prepare and submit signed discharge port laytime statement to Charterer for approval within thirty 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 Charterer and the vessel owner. 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.
5. At each loadport owner to appoint and pay for stevedores. At discharge port Charterer/ receivers to appoint and pay for stevedores.
6. At each loadport owner to appoint and pay for vessel’s agent. At each load port Charterer shall appoint a load port protective agent, owner to pay Charterer’s agent Panalpina, Inc. a
fee of USD 1,800.00.
At discharge port Charterer/receiver shall nominate the vessel’s agent at the discharge ports, who owner will appoint and pay.
7. Gear Requirements:
Vessels must have fully working gear for each hatch and must be capable of operating receiver’s discharging equipment and must meet all requirements/regulations of Dakar Port Authority. U.S. Flag gearless vessels will be considered provided they supply alternative discharging equipment and gear at each hatch in which cargo is loaded at owner’s expenses. Vessels must be capable of self-discharge with vessel’s onboard gear or owner supplied shoreside gear and/or with vacuvators including all necessary vacuvator pipes and supports for pipes and/or with marine legs including all necessary support equipment. Owners to provide at their expense all necessary motive power/fuel to operate all discharge gear and/or vacuvators as well as technicians, supplemental labor, bobcats, or similar equipment for use in vessel’s holds, shore-side cranes, hoppers, support or other related equipment in the case of vacuvators and marine legs to oversee their operation. Discharge gear provided by owner/vessel must be capable of maintaining the guaranteed average discharge rate as specified above. If vessel is not capable of meeting discharge rate stated above, then Port Authority at their discretion may require vessel to leave berth. In such case, any delays, shifting costs or additional expenses will be solely for owner’s/vessel’s account.
Notice of vessel’s readiness to
discharge may not be tendered before vessel is fully equipped with discharge
gear/ equipment. Time used, for gearless vessels, to assemble/prepare
discharging equipment for discharge to be excluded from laytime used. Any time
lost as a result of breakdown of vessel’s gear and/or vacuvators and/or marine
legs to be excluded from laytime used. Any shore gear required for discharging
or lifting in/out of equipment must be furnished at owner’s risk and expense.
Vessel and discharging
equipment/gear must meet all requirements/regulations of the Dakar Port
Authority.
Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches
are required. Opening and closing of hatches to be carried out by vessel's crew
free of charge to Charterers.
Vessels, ITB’s and Towed barges must have all openings to cargo spaces and hatch
covers suitably sealed with tape or by other means to assure water tight
integrity. The sealing shall be done to the satisfaction of NCB surveyor as
attested by certification of special survey. All of the above, to be performed
at vessel's time, risk, and expense. Special survey certificate will be required
as a condition of freight payment. Sealing of hatches/openings and special NCB
certificate in no way diminishes owners responsibility and liability toward the
cargo.
8. Vessel type restrictions: Ocean Going Towed Barges are excluded. Non U.S. flag vessels to be geared bulk carriers only.
9. Owners are responsible for vessel arriving at discharge berth(s) and port(s) with an acceptable safe arrival draft and must meet all berth/port restrictions. Any lightening required as a result of vessel’s failure to meet berth and discharge port restrictions is for owner’s account. Owners to be fully responsible for any and all costs in reaching safe draft. In case partial lightening, then lighterage to be for owners' time, risk and expense. If owners intend to lighten at berth(s), owners shall certify in their offer that they have obtained authorization from the Dakar Port Authority. Vessel must meet all requirements of the applicable Dakar Port Authority.
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. If the cargo is lightened using vacuvators from mother vessel to daughter vessels, vacuvators cannot be used again to discharge the daughter vessel(s). 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.
10. Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit, in accordance with USDA/FGIS 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. 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 bulkcarriers (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. Fumigation Handbook revision information as per notice to the trade dated October 26, 2009.
11. At the discharge port and upon inspection by government/receivers inspectors, if cargo and/or vessel is found to be infested, and provided clean bills of lading were issued, fumigation costs, if any, are for owners (vessels) account, and time used is to count for U.S. flag vessels; and not to count for non U.S. flag vessels.
12. Freight rate to be quoted in U.S. dollars per metric ton basis vessel load/free out basis one loading port to one discharging port. Additional freight charge must be stated for additional loading port(s) and will be considered in determining lowest landed cost in those situations where commodities are likely to be loaded at more than one port.
If owner intends to lighten, the offer to specify the cost of lightening and whether partial or full lightening. If intended lightening is not performed at discharge port and vessel discharges directly at berth, USDA will deduct the cost of lightening from the ocean freight.
13. Freight offers should not contain a "detention rate". Freight offers will not be considered non responsive solely because a detention rate was given however the related charter parties and liner booking contracts may not contain a detention rate.
14. Non U.S. flag vessels must be registered highest in Lloyds Register or equivalent and must not be more than 15 years old – date of original construction, not rebuilt date to govern.
15. Non-vessels operating common carriers (NVOCC) may not be employed to carry U.S. or foreign flag shipments.
16. Any extra insurance on cargo and freight due to vessels age, class, type, flag, configuration or ownership of the vessel is to be for owners account, but not to exceed New York market rates for U.S. flag vessels and London market rates for non U.S. flag vessels. If offerors assert that overage insurance is not applicable, then offer(s) must include documentary evidence substantiating same. Such substantiation must be clear, specific and up to date. In any case, same is subject to review and acceptance by Charterers and cargo receivers and does not guarantee relief of owner’s obligation to pay for extra insurance should Charterers/receivers determine substantiation to be insufficient to protect the cargo interests.
17. Cargo shall not be loaded into deep/wing tanks and other spaces which are not directly accessible to grab discharge.
18.
U.S. flag approved freight
rate(s) will be reduced to a level not higher than the Maritime Administration
fair and reasonable rate in the event that originally approved vessel is
substituted by a lower cost vessel.
One way rate must be quoted in addition to round trip rate for U.S. non liner
vessels whose date of original "repeat" original (not rebuilt date) construction
exceeds 15 years from date of fixture.
Freight rate for U.S. flag vessels offering basis full cargo but loading less
than a full cargo, the less than full cargo freight rate will be subject to a
reduction to meet any revised Marad freight rate guideline due to vessel loading
other additional cargo.
Offers of U.S. flag vessels will not be considered if the vessel operator has
not provided the Maritime Administration with the vessel costs prior to
submission of the offer.
U.S. flag vessels offered subject to Marad approval will not be considered. If
Marad approval of vessel is required, same must be obtained before submission of
offers.
U.S. flag vessels over 15 years old must offer an alternative freight rate to be
applicable in the event the vessel is either scrapped or vessel ownership is
transferred to another owner after discharge at destination, but prior to its
return to the United States.
19. Offers received shall be considered to warrant that the offered vessel is free from any lien and encumbrance fully insured and entered in a P and I Club.
20. ISM and ISPS code compliance: owner guarantees that this vessel, if required by the ISM (non self-propelled barges are exempt), and ISPS code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) complies fully with the International Safety Management (ISM) code and the International Ship and Port Facilities Security (ISPS) code and will remain so for the entirety of her employment under this charter party. 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 the vessel being out of compliance with the ISM and ISPS code.
21.
ISPS clause:
A.
From the date of coming into
force of the International Code for the Security of Ships and of Port Facilities
and the relevant amendments to Chapter XI of SOLAS (ISPS code) in relation to
the vessel, the owners shall procure that both the vessel and “the company” (as
defined by the ISPS code) shall comply with the requirements of the ISPS code
relating to the vessel and “the company”. Upon request the owners shall provide
a copy of the relevant International Ship Security Certificate (or the interim
International Ship Security Certificate) to the Charterers. The owners shall
provide the Charterers with the full style contact details of the Company
Security Officer (CSO).
Except as otherwise provided in the charter party, loss, damage, expense or
delay, excluding consequential loss, caused by failure on the part of the owners
or “the company” to comply with the requirements of the ISPS code or this clause
shall be for the owner’s account.
B.
Owner to specify any information required from
Charterers in order to comply with ISPS at time vessel tenders pre-advice notice
for this cargo. The Charterers shall provide the CSO and the Ship Security
Officer (SSO)/master with their full style contact details and any other
information the owners require to comply with the ISPS code.
22. Compliance with 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 a government impelled (preference) cargo, offerors must warrant that vessel(s) and owners/operators are not disqualified to carry such government impelled (preference) cargo(es).
23. War risk premium: Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates. Owners bear the risk of any increase in war risk premiums.
24.
Offerors are encouraged to include all information as listed below and in
the format as follows:
a.
Vessel Name, Flag, Year Built, Vessel Type, DWT, Holds, Hatches(sizes),
Gear, LOA,
Beam, Speed, Class, Owners Name, Salt Water Arrival Draft at Disport
b.
Cargo
c.
Load/discharge ports
d.
Load/discharge rates
e.
Laydays
f.
ETA
at load port
g.
Freight rate per MT and additional freight for additional port(s)
h.
Demurrage-despatch
i.
Transit time and ports of call in transit, if any
j.
Commissions
k.
Terms
l.
Remarks
m.
Name and telephone number of contact person.
25. All offers and subsequent awards of contracts will be subject to the provisions of the Food for Progress program and all applicable U.S. Department of Agriculture regulations pursuant thereto.
26. Offers must be submitted basis current Government of the Republic of Mali - Food for Progress Bulk Wheat Adapted October 2017. Proforma charter party is available upon request from Panalpina, Inc.
27. Freight payment will be made via electronic transfer as detailed in charter party proforma.
28. Brokerage commission is payable by owners on gross freight, deadfreight, and demurrage to Panalpina, Inc. as follows: 2.5 percent if the fixture is arranged without owner's broker and if owners' broker is involved, 2/3rds of 2.5 percent is payable to Panalpina, inc.1/3rd of 2.5 percent is payable to owners' broker.
29. 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) a 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 an 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 systems 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:
Panalpina, Inc.
30. Submission of Freight Offers:
Offers to be submitted to WBSCM no later than 10:00 hrs U.S. central time (11:00 hrs Washington, D.C. time) on Wednesday, October 18, 2017
Freight offers are to remain valid until 1700 hours Washington, D.C. time October 19, 2017
Only firm offers can be submitted.
Only offers that are responsive to the terms of the tender will be considered and no negotiation will be permitted.
No phone offers or offers via e-mail will be accepted.
31. For further information is needed contact Panalpina, Inc., 703-674-2317 or sherry.sons@panalpina.com .