Honduras Award17-012B
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IFB# 17-012B Honduras Award
July 30, 2018
AWARD NOTICE
TechnoServe Inc. Freight IFB17-012B dated July 9, 2018 – Frt. Sol #2000005474
On behalf of TechnoServe Inc., Charterer, BKA Logistics is pleased to confirm following freight award:
CHARTER PARTY DATE JULY 30, 2018
OWNERS: SCHUYLER LINE NAVIGATION COMPANY, LLC.,
VESSEL: MV NORFOLK , GEARED SINGLEDECKER ; USA FLAG; BUILT 2010,
DWT 17,478 MT; LOA 166.25 M / BEAM 23.26 M
2 HOLDS / 2 HATCHES; 2 X 400T CRANES Plus 1 x 120T Crane. ALL DETS ABT
Vessel Itinerary: ETA US Load Port October 1-2, 2018. ETA Discharge port about 4 to 5 days after sailing load port agw/wp.
CARGO: 12,500 MT Bulk Soybean Meal as full or part cargo at owner’s option
Any other additional cargo(es) are subject to USDA / Charterer’s approval.
TechnoServe Cargo shall be last in / first out.
LAYDAYS: October 1-10, 2018. Owner to provide 14 days pre-advice of vessel readiness to load.
LOAD PORT: One safe berth, One safe port US East Coast. Intentions E-NORF- PER
LOADING TERMS: Per Freight Tender at an average of 5,000 MT per WDSSHEXEIU .
DISCHARGE PORT(S): 1 safe berth Puerto Cortes, Honduras. Charterer advised without guarantee, as guidance only, max vessel LOA 200 M and arrival draft of 11 M SW. Vessel owner must verify independently port restriction on vessel. Any shifting necessary due to the vessel’s size or configuration to be at owner’s time, risk and expense.
DISCHARGE TERM(S): The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 3500 MT of 2204.6 lbs. for Bulk Carriers per weather working days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity. Time from 1700 hours local time Friday (or on a day preceding a holiday) through 0800 hours local time Monday (or day after holiday) shall not count against laytime, even if used.
FREIGHT RATE: USD 85.00 PMT. Basis loading one safe berth, one safe port E-NORF-PER to One safe berth Puerto Cortes, Honduras:
DEMURRAGE/DESPATCH: At Load and Discharge port Demurrage US$35,000.00 PDPR / Despatch US$17,500.00 PDPR
Otherwise all other terms and conditions as per TNS Freight IFB 17-012B, dated July 09, 2018, and the TechnoServe Inc Charter Party Proforma.
End of Fixture
IFB# 17-012B Honduras Re-Tender
July 9, 2018
Freight Re-Tender: TNS Soybean Meal, Honduras
USDA IFB NO. 17-012B Re-Tender
Date: July 9, 2018
BKA Logistics LLC., for and on behalf of TechnoServe Inc.(TNS), requests firm offers of U.S. and Non-U.S. flag vessels for the carriage of Soybean Meal in bulk, under the Food for Progress program on the following basis:
BKA Ref: F18-0004
USDA Freight Invitation For Bids (IFB) No:17-012B Re-Tender
USDA Commodity Solicitation No.2000005473
USDA Solicitation No.2000005474
TNS Honduras Sales Agreement FCC-522-2017/023-00
Sales Order (SO) # 500441978.
All freight offers must be firm offers and submitted through WBSCM.
All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.
Freight offers to be submitted through WBSCM no later than 1000 hours Central Time USA (or 1100 hours Washington DC time) July 16, 2018.
Freight offers to remain valid until 1700 hours Washington DC time July 18, 2018.
Offerers must note that they are required to comply with:
FAR clause 52.204-7 entitled Central Contractor Registration (CCR). Offerors not already registered in CCR may register at the new U.S. Government registration site at www.sam.gov. Offerors already in CCR must make sure the registration is transferred to SAM.
Should offeror not be so registered at time of offer, USDA shall have the right to declare such offer non-responsive.
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: https://portal.wbscm.usda.gov.
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: wbscm.servicedesk@caci.com
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) (1.a) Cargo/Laydays/Quantities:
BKA Ref # Cargo Laydays Quantity
F18-0004 Bulk Soybean Meal. October 1-10, 2018. 12,500 MT.
(1.b) Contracted quantities will be on a min/max basis.
(1.c) Offerors are encouraged to review other Title II PL480 / FAS cargoes in the market for possible combination with these TNS cargoes. If any combination cargoes are offered, TNS cargo must be last in first out. Offerors should consider offering vessels to carry a range of tonnages to accommodate program needs.
(1.d) All offers are subject to Charterer’s approval and Charterer’s Proforma Charter Party terms. Any offers involving prior part cargo(es) are subject to the review and approval of the Charterers. The charterer may at their discretion reject an offer if the charterer determines that award of this contract may affect the timeliness or contribute to a delay in the delivery of the TNS cargo(es) to intended beneficiaries.
(1.e) The Charterer’s cargo to be separated 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.
(1.f) Offers of named vessel or substitute will be considered. Substitution for named vessels are permitted. Whether included in an offer or not, any substitute performing vessel must be approved by Charterer and USDA.
Offers are to provide information on vessel's current position, its ETA load port, vessel's ETA basis discharge port.
(1.g) Owners to provide fourteen (14) day Preadvice of vessel readiness to load. Preadvice Notice must be received at the office of BKA Logistics LLC, Washington, DC prior to 11:00 A.M. Wash., DC time on regular business day to be considered received on that day. If Preadvice is received later than 11:00 A.M. Wash., DC time on regular business day or on weekends / holidays, Preadvice notice will be considered received only on next business day.
(1.h) Offers submitted under this invitation are required to have a cancelling date no later than the last contract layday as above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.
(1.i) On completion of loading Owner to release clean, signed on board bill of ladings to Charterer’s agent BKA Logistics LLC by overnight courier at Owner’s expense.
(1.j) The commodities will be loaded and shipped in bulk with the quantity determined by the Official Grain Weight Certificate issued by USDA /FGIS or USDA approved Surveyor, on completion of loading. Bill of Lading quantities and freight charges will be based upon the Official Grain Weight Certificate(s) figures. Claims or demands for freight amounts that exceed the aforementioned Bill of Lading weights will not be considered.
2) Loading: 1 to 2 safe berths each 1 to 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.
3) Discharge port: 1 safe berth Puerto Cortes, Honduras. Charterer advised without guarantee, as guidance only, max vessel LOA 200 M and arrival draft of 11 M SW. Vessel owner must verify independently port restriction on vessel.
Any shifting necessary due to the vessel’s size or configuration to be at owner’s time, risk and expense.
TNS cargo must be last in first out.
4) Load terms:
(4.a) 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, Saturdays, Sundays and Holidays excepted, even if used.
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 - 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 will not be considered for this cargo of Bulk Soybean Meal.
Tween-deckers: the load guarantee shall be 3,000 MT per day.
(4.b) Owners are to specify load port demurrage/despatch rates in their offer. Dispatch rates must be one-half of demurrage rates quoted.
(4.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 Charterer TechnoServe Inc. or USDA/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.
(5.) Discharge Terms:
(5.a) The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 3500 MT of 2204.6 lbs. for Bulk Carriers and 3500MT of 2204.6 lbs. for Tween/Multi deckers per weather working days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity. Time from 1700 hours local time Friday (or on a day preceding a holiday) through 0800 hours local time Monday (or day after holiday) shall not count against laytime, even if used.
(5.b) Notification of vessel’s readiness (NOR) to discharge must be provided to the buyer/receiver or its agent within the period of 0900 hours to 1700 hours Puerto Cortes time, Monday through Friday (except holidays) and within the period of 0900 hours to 1200 hours on Saturdays (Sundays and Holidays 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 hours 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.
(5.c) Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 AM (Honduras time) on the next working day after the NOR has been tendered, WCCON, WIFPON, WIPON, WIBON. All time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receivers’ account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. (Exception see Clause 3 when shifting required due vessel’s size and or configuration in which case cost of shifting at owner’s account and time not to count)
(5.d) Any demurrage incurred at the discharge port is for the account of the Receiver(s) at the rate stipulated in the Charter Party. Despatch is payable by the vessel Owner to the Receiver(s) at one-half of the demurrage rate as per the governing Charter Party.
(5.e) Laytime calculations and settlement of demurrage and despatch will be directly between Receiver(s) and Vessel Owner. Neither Seller (TechnoServe, Inc.) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. Any disputes in settlement of laytime issues between Receiver(s) and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.
5.f) Owner shall provide, upon request, laytime calculations between Receiver(s) and Vessel Owner.
6) Stevedores: At load port owner to appoint and pay for stevedores . At discharge port charterer /receivers to appoint and pay for stevedores.
7) Agents : At load port (s) owner to appoint and pay for vessel’s agent. Charterer’s agent BKA Logistics LLC., shall appoint a protective out port agent at each load port, Owner will pay the agency fee of US$ 1,800.00 per load port to BKA Logistics LLC. Charterer/Receiver shall nominate the vessel’s agent at the discharge ports, whom owner will appoint and pay.
8) Demurrage / Despatch is applicable at Load and Discharge ports. Owners are to specify their Demurrage/Despatch rates in their offer, Despatch rates must be one-half of Demurrage rates as quoted.
9) Laytime is non-reversible.
(10) Vessel type restrictions:
(10.a) U.S. Flag - US Flag ITBs and Towed Barges will be considered.
However tug and barge combination will not be considered if offered as a tandem tow or a double tow. Tankers are not workable. Tweendeck and Multidecks are acceptable. U.S. flag gearless vessels are acceptable provided owner provides sufficient discharge equipment, excluding vacuvators, but including marine legs, to maintain the guaranteed discharge rate.
(10.b) Non U.S. flag – Only geared bulk carriers less than 15 years old will be considered.
(10.c) All vessels must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern.
(10.d) For Towed barge - Owner of tug/barge must also have tow arrangement duly inspected and certified by Salvage Association, if applicable, otherwise by competent independent surveyor/inspector at owner's expense. Copy of said certificate to be presented to Charterer or their agent prior to the tug/barge unit filing it’s Notice of Readiness to load. Copy of said certificate will be required for freight payment.
(10.d) 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 Owner’s liability and responsibilities toward the cargo. Copy of this NCB Hatch Sealing Certificate will be required for the freight payment.
(10.e) NVOCCs may not be employed to carry U.S. flag or Non U.S. flag shipments.
11) Extra Insurance:
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. Non U.S. Flag vessels shall not be older than 15 years.
War Risk Premium: Owners shall include all actual and anticipated War Risk insurance premium in their offered rates. Owner bears the risk of any increase in War Risk premiums.
Special Note: Should offered vessel be enrolled in an Insurance Program that negates the Overage Premium requirement on U.S. Flag vessel, offer to include all information and certifications for verification.
(12) Vessel Gear Requirements:
(12.a) Vessel will be capable of self-discharge with Vessel’s or owner supplied marine legs or shore side gear. Cargo discharge by gears will be with grabs. Vacuvators are not acceptable (including for lightening, if applicable). Vessel owners to supply grabs and all necessary discharging gear (cranes and or swinging derricks with minimum 9.8 MT S.W.L. capacity suitable for clamshell discharge and including clamshells) in good working order and in sufficient number to permit Charterers/Receivers to effect discharge of the vessel at the guaranteed rate of discharge. For vessel offering marine legs as discharge equipment owners to provide all necessary fuel, technicians and motive power to operate the marine legs and maintain the discharge rate agreed upon. For all owner provided discharge equipment owners to provide at their expense all necessary motive power/fuel to operate all discharge gear. Time used for assembling or preparing owner-supplied equipment, or any time lost as a result of insufficiencies of gear or breakdown of gear not to count as laytime or time on demurrage. Any shore gear required for discharging or lifting in/out of equipment must be furnished at owner’s risk and expense. Gear provided by vessel must also be capable of lifting equipment necessary for trimming and breaking up any caked soybean meal in/out of the holds.
(12.b) Discharging equipment must meet all requirements and regulations of the applicable port authorities.
(13) Opening and closing of hatches to be carried out by vessel’s crew free of charge to Charterers. Vessel to be equipped with mechanical or hydraulic hatch covers and rain tents for all hatches and are required to be provided by owner.
(14) Lightening
Owners are responsible for vessel arriving at the discharge port within allowable
draft. Lightening is permitted. Lightering (if applicable) must be performed in the
territorial waters of the country of the discharge port.
Lightering daughter vessel must be single deck bulk carriers meeting port’s
vessel restrictions. Vacuvators are not permitted. Daughter vessel must be
classed highest in Lloyds or equivalent and certified fit for receipt and carriage of
bulk cargo under this charter party by first class independent surveyor.
If full lightering performed then, each daughter vessel, after completion of lightering operations applicable to that vessel, must tender its Notice of Readiness to discharge to consignees/receivers of their agents during regular business hours (as per Clause 5.c above) and laytime shall commence at 0800 hours on next business day and prior time is not to count as laytime used. Laytime shall not count on daughter vessel(s) waiting for discharge berth while another daughter vessel is occupying the discharge berth. Laytime shall recommence on daughter vessel awaiting discharge berth once the daughter vessel at discharge berth has departed.
(15) Fumigation.
Vessel will be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with USDA/FGIS Handbook revised October 26, 2009 and any subsequent revisions to said handbook. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation will 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.
(16) Owners guarantee that this vessel complies fully with the International Safety Management (ISM) code and the International Ship and Port Facilities security code (ISPS). Full clause provided in Proforma Charter Party.
(17) 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).
(18) Performing vessel(s) must be listed on the U.S. Department of Transportation, Maritime Administration list of approved vessels.
(19) 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.
(20) 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.
(21) 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.
(22) Offerors encouraged to provide the following Information:
Vessel name / Type / Flag / Year Built / LOA / Beam / Dwt / Draft / Gear (if any).
Vessel ETA at load and discharge ports.
Full style of Owner.
(23) 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.
All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.
(24) If Owner intends 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.
(25) TechnoServe Inc. reserves the right to accept or reject all offers.
(26) Commission: 1.67 percent on freight / deadfreight is payable to BKA Logistics LLC.
(27) Otherwise subject to terms and conditions of TechnoServe Inc. Charter Party Proforma.
(28) For further information regarding this specific tender contact:
BKA Logistics LLC., 1629 K Street NW, Suite 500, Washington DC. 20006.
Phone: 202-331-7395 ; Fax: 202-331-7735,
email: mark.millard@bkalogistics.net
email: rsingh@bkalogistics.net
End
IFB# 17-012B Honduras Tender
June 18, 2018
Freight Tender: TNS Soybean Meal, Honduras
USDA IFB NO. 17-012B
Date: June 18, 2018
BKA Logistics LLC., for and on behalf of TechnoServe Inc.(TNS), requests firm offers of U.S. and Non-U.S. flag vessels for the carriage of Soybean Meal in bulk, under the Food for Progress program on the following basis:
BKA Ref: F18-0004
USDA Freight Invitation For Bids (IFB) No:17-12B
USDA Commodity Solicitation No.2000005434
USDA Solicitation No.2000005435
TNS Honduras Sales Agreement FCC-522-2017/023-00
Sales Order (SO) # 500441978.
All freight offers must be firm offers and submitted through WBSCM.
Freight offers to be submitted through WBSCM no later than 1000 hours Central Time USA (or 1100 hours Washington DC time) June 25, 2018.
Freight offers to remain valid until 1700 hours Washington DC time June 27, 2018.
Offerers must note that they are required to comply with:
FAR clause 52.204-7 entitled Central Contractor Registration (CCR). Offerors not already registered in CCR may register at the new U.S. Government registration site at www.sam.gov. Offerors already in CCR must make sure the registration is transferred to SAM.
Should offeror not be so registered at time of offer, USAID shall have the right to declare such offer non-responsive.
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: https://portal.wbscm.usda.gov.
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: wbscm.servicedesk@caci.com
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) (1.a) Cargo/Laydays/Quantities:
BKA Ref # Cargo Laydays Quantity
F18-0004 Bulk Soybean Meal. Sept.1-10, 2018. 12,500 MT.
(1.b) Contracted quantities will be on a min/max basis.
(1.c) Offerors are encouraged to review other Title II PL480 / FAS cargoes in the market for possible combination with these TNS cargoes. If any combination cargoes are offered, TNS cargo must be first out. Vessel to sail directly from the last U.S. load port to Puerto Cortes, Honduras with exception of bunkering in route. Offerors should consider offering vessels to carry a range of tonnages to accommodate program needs.
(1.d) All offers are subject to Charterer’s approval and Charterer’s Proforma Charter Party terms. Any offers involving prior part cargo(es) are subject to the review and approval of the Charterers. The charterer may at their discretion reject an offer if the charterer determines that award of this contract may affect the timeliness or contribute to a delay in the delivery of the TNS cargo(es) to intended beneficiaries.
(1.e) The Charterer’s cargo to be separated 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.
(1.f) Offers of named vessel or substitute will be considered. Substitution for named vessels are permitted. Whether included in an offer or not, any substitute performing vessel must be approved by Charterer and USDA.
Offers are to provide information on vessel's current position, its ETA load port, vessel's ETA basis discharge port.
(1.g) Owners to provide fourteen (14) day Preadvice of vessel readiness to load. Preadvice Notice must be received at the office of BKA Logistics LLC, Washington, DC prior to 11:00 A.M. Wash., DC time on regular business day to be considered received on that day. If Preadvice is received later than 11:00 A.M. Wash., DC time on regular business day or on weekends / holidays, Preadvice notice will be considered received only on next business day.
(1.h) Offers submitted under this invitation are required to have a cancelling date no later than the last contract layday as above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.
(1.i) On completion of loading Owner to release clean, signed on board bill of ladings to Charterer’s agent BKA Logistics LLC by overnight courier at Owner’s expense.
(1.j) The commodities will be loaded and shipped in bulk with the quantity determined by the Official Grain Weight Certificate issued by USDA /FGIS or USDA approved Surveyor, on completion of loading. Bill of Lading quantities and freight charges will be based upon the Official Grain Weight Certificate(s) figures. Claims or demands for freight amounts that exceed the aforementioned Bill of Lading weights will not be considered.
2) Loading: 1 to 2 safe berths each 1 to 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.
3) Discharge port: 1 safe berth Puerto Cortes, Honduras. Charterer advised without guarantee, as guidance only, max vessel LOA 200 M and arrival draft of 11 M SW. Vessel owner must verify independently port restriction on vessel.
Any shifting necessary due to the vessel’s size or configuration to be at owner’s time, risk and expense.
TNS cargo must be first out. Vessel to sail directly from the last U.S. load port to Puerto Cortes, Honduras with exception of bunkering in route.
4) Load terms:
(4.a) 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, Saturdays, Sundays and Holidays excepted, even if used.
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 - 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 will not be considered for this cargo of Bulk Soybean Meal.
Tween-deckers: the load guarantee shall be 3,000 MT per day.
(4.b) Owners are to specify load port demurrage/dispatch rates in their offer. Dispatch rates must be one-half of demurrage rates quoted.
(4.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 Charterer TechnoServe Inc. or USDA/CCC be responsible for resolving disputes involving the calculation of laytime or the payment of demurrage or dispatch 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.
(5.) Discharge Terms:
(5.a) The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 3500 MT of 2204.6 lbs. for Bulk Carriers and 3500MT of 2204.6 lbs. for Tween/Multi deckers per weather working days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity. Time from 1700 hours local time Friday (or on a day preceding a holiday) through 0800 hours local time Monday (or day after holiday) shall not count against laytime, even if used.
(5.b) Notification of vessel’s readiness (NOR) to discharge must be provided to the buyer/receiver or its agent within the period of 0900 hours to 1700 hours Puerto Cortes time, Monday through Friday (except holidays) and within the period of 0900 hours to 1200 hours on Saturdays (Sundays and Holidays 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 hours 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.
(5.c) Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 AM (Honduras time) on the next working day after the NOR has been tendered, WCCON, WIFPON, WIPON, WIBON. All time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receivers’ account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. (Exception see Clause 3 when shifting required due vessel’s size and or configuration in which case cost of shifting at owner’s account and time not to count)
(5.d) Any demurrage incurred at the discharge port is for the account of the Receiver(s) at the rate stipulated in the Charter Party. Despatch is payable by the vessel Owner to the Receiver(s) at one-half of the demurrage rate as per the governing Charter Party.
(5.e) Laytime calculations and settlement of demurrage and despatch will be directly between Receiver(s) and Vessel Owner. Neither Seller (TechnoServe, Inc.) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. Any disputes in settlement of laytime issues between Receiver(s) and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.
5.f) Owner shall provide, upon request, laytime calculations between Receiver(s) and Vessel Owner.
6) Stevedores: At load port owner to appoint and pay for stevedores . At discharge port charterer /receivers to appoint and pay for stevedores.
7) Agents : At load port (s) owner to appoint and pay for vessel’s agent. Charterer’s agent BKA Logistics LLC., shall appoint a protective out port agent at each load port, Owner will pay the agency fee of US$ 1,800.00 per load port to BKA Logistics LLC. Charterer/Receiver shall nominate the vessel’s agent at the discharge ports, whom owner will appoint and pay.
8) Demurrage / Despatch is applicable at Load and Discharge ports. Owners are to specify their Demurrage/Despatch rates in their offer, Despatch rates must be one-half of Demurrage rates as quoted.
9) Laytime is non-reversible.
(10) Vessel type restrictions:
(10.a) U.S. Flag - US Flag ITBs and Towed Barges will be considered. Tankers are not workable. Tweendeck and Multidecks are acceptable. U.S. flag gearless vessels are acceptable provided owner provides sufficient discharge equipment, excluding vacuvators, but including marine legs, to maintain the guaranteed discharge rate.
(10.b) Non U.S. flag – Only geared bulk carriers less than 15 years old will be considered.
(10.c) All vessels must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern.
(10.d) 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 Owner’s liability and responsibilities toward the cargo.
(10.e) NVOCCs may not be employed to carry U.S. flag or Non U.S. flag shipments.
11) Extra Insurance:
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. Non U.S. Flag vessels shall not be older than 15 years.
War Risk Premium: Owners shall include all actual and anticipated War Risk insurance premium in their offered rates. Owner bears the risk of any increase in War Risk premiums.
Special Note: Should offered vessel be enrolled in an Insurance Program that negates the Overage Premium requirement on U.S. Flag vessel, offer to include all information and certifications for verification.
(12) Vessel Gear Requirements:
(12.a) Vessel will be capable of self-discharge with Vessel’s or owner supplied marine legs or shore side gear. Cargo discharge by gears will be with grabs. Vacuvators are not acceptable (including for lightening, if applicable). Vessel owners to supply grabs and all necessary discharging gear (cranes and or swinging derricks with minimum 9.8 MT S.W.L. capacity suitable for clamshell discharge and including clamshells) in good working order and in sufficient number to permit Charterers/Receivers to effect discharge of the vessel at the guaranteed rate of discharge. For vessel offering marine legs as discharge equipment owners to provide all necessary fuel, technicians and motive power to operate the marine legs and maintain the discharge rate agreed upon. For all owner provided discharge equipment owners to provide at their expense all necessary motive power/fuel to operate all discharge gear. Time used for assembling or preparing owner-supplied equipment, or any time lost as a result of insufficiencies of gear or breakdown of gear not to count as laytime or time on demurrage. Any shore gear required for discharging or lifting in/out of equipment must be furnished at owner’s risk and expense. Gear provided by vessel must also be capable of lifting equipment necessary for trimming and breaking up any caked soybean meal in/out of the holds.
(12.b) Discharging equipment must meet all requirements and regulations of the applicable port authorities.
(13) Opening and closing of hatches to be carried out by vessel’s crew free of charge to Charterers. Vessel to be equipped with mechanical or hydraulic hatch covers and rain tents for all hatches and are required to be provided by owner.
(14) Lightening
Owners are responsible for vessel arriving at the discharge port within allowable
draft. Lightening is permitted. Lightering (if applicable) must be performed in the
territorial waters of the country of the discharge port.
Lightering daughter vessel must be single deck bulk carriers meeting port’s
vessel restrictions. Vacuvators are not permitted. Daughter vessel must be
classed highest in Lloyds or equivalent and certified fit for receipt and carriage of
bulk cargo under this charter party by first class independent surveyor.
If full lightering performed then, each daughter vessel, after completion of lightering operations applicable to that vessel, must tender its Notice of Readiness to discharge to consignees/receivers of their agents during regular business hours (as per Clause 5.c above) and laytime shall commence at 0800 hours on next business day and prior time is not to count as laytime used. Laytime shall not count on daughter vessel(s) waiting for discharge berth while another daughter vessel is occupying the discharge berth. Laytime shall recommence on daughter vessel awaiting discharge berth once the daughter vessel at discharge berth has departed.
(15) Fumigation.
Vessel will be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with USDA/FGIS Handbook revised October 26, 2009 and any subsequent revisions to said handbook. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation will 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.
(16) Owners guarantee that this vessel complies fully with the International Safety Management (ISM) code and the International Ship and Port Facilities security code (ISPS). Full clause provided in Proforma Charter Party.
(17) 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).
(18) Performing vessel(s) must be listed on the U.S. Department of Transportation, Maritime Administration list of approved vessels.
(19) 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.
(20) 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.
(21) 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.
(22) Offerors encouraged to provide the following Information:
Vessel name / Type / Flag / Year Built / LOA / Beam / Dwt / Draft / Gear (if any).
Vessel ETA at load and discharge ports.
Full style of Owner.
(23) 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.
(24) If Owner intends 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.
(25) TechnoServe Inc. reserves the right to accept or reject all offers.
(26) Commission: 1.67 percent on freight / deadfreight is payable to BKA Logistics LLC.
(27) Otherwise subject to terms and conditions of TechnoServe Inc. Charter Party Proforma.
(28) For further information regarding this specific tender contact:
BKA Logistics LLC., 1629 K Street NW, Suite 500, Washington DC. 20006.
Phone: 202-331-7395 ; Fax: 202-331-7735,
email: mark.millard@bkalogistics.net
email: rsingh@bkalogistics.net
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