Egypt Award18-037B

IFB #:
18-037B
Tender Date:
Award Date:
Award Flag:
---
PVO:
Land O'Lakes
Agent:
BKA Logistics
Program:
Food for Progress

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

IFB# 18-037B Egypt Award

November 24, 2020

Award Notice Land O’Lakes EGYPT FFP – Bulk Yellow Soybeans Freight Tender 18-037b dated October 07, 2020; BKA Ref: F20-0049

On behalf of Land O’Lakes International Development Inc. AKA – Land O’Lakes Venture 37, Charterer, BKA Logistics is pleased to confirm following freight awards were made:

Charter Party Date October 16 2020

Owners:  US OCEAN LLC,

Vessel name:  OCEAN GIANT” Single Decker (Box Shaped) Multi-purpose heavy-lift

United States flag, Built 2012 ; 16,868 DWT 9.80M; hold/hatches 2/2 ; gear cranes 2x200-T,

792,770 Cuft. Gr.; LOA 166.10M, Beam 22.90M

IMO Number: 9437335

Cargo: 10,000 metric tons of bulk Yellow Soybeans as full or part cargo at owner’s option.

Load port:  1 Safe Berth, 1 Safe U.S. Gulf port, (intention is Gulf- Houston-LTG, to be reconfirmed on receiving with the 14 day Preadvice notice)

Laydays:  November 10-20, 2020.

Loading Terms:  As per Freight IFB18-037B – Cargo to be loaded at the average rate of 5,000 MT per WWDSSHEX EIU Any stowing and / or trimming to be for owner’s account.

Discharge port: Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila at Charterer’s/Receiver’s option. Port of Alexandria and El Dekheila is considered one safe port of discharge.

Lightening not permitted.

Discharging terms: Cargo is to be discharged, by Receivers, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,500 MT (of 2204.6 lbs.) per weather working days of 24 consecutive hours, Saturdays, Sundays and official holidays excepted, even if used (WWDSSHEX EIU), on the basis of the Bill of Lading quantity. 

Freight Rate: US$175.03 PMT plus Volume premium for 10,000 MT of U$38.90 PMT Plus US$90,000.00 LS equate to US$9.00 PMT for a total of US$222.93 PMT.

Ocean freight rate is basis One Safe Load port /One Safe Load berth USGULF (G-HOUS-LTG) to Two safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila. Port of Alexandria and El Dekheila is considered one safe port of discharge.

For each additional load port, if used, add US$102,000.00 Lumpsum

For each additional load berth, if used, add US$82,000.00 Lumpsum.

Demurrage/ Despatch: 

Demurrage / Despatch at load port US$22,500.00 / Despatch US$11,250.00.

Demurrage / Despatch at discharge port US$28,000.00 / Half Despatch

Otherwise as per terms and conditions of Land O’Lakes freight tender IFB 18-037B dated October 7, 2020 and Land O’Lakes charter party proforma.

End of fixture recap

Charter Party Date October 16 2020

Owners:  BBC Chartering Carriers GMBH & CO. KG., , Germany

Vessel name:  BBC JADE ; Antigua & Barbuda Flag, Single Deck Bulk Carrier (SDBC)

Built 2007, IMO Number: 9421116 ; Class LR ; 12,000 MT DWT on 7.90 M;  GT/ NT : 8999/ 4600

LOA: 142.95M ; Beam: 18.90M ; 2 Holds/ 2 Hatches ; Grn/Ble Cubic : 17,257 CBM;

 2 X80 Ton Cranes ; Speed about 12 Knots

OR SUBSTITUTE. Vessel substitution subject to Land O’Lakes and USDA approvals

Cargo: 8,340 metric tons of bulk Yellow Soybeans as full or part cargo at owner’s option.

Load port:  1 Safe Berth, 1 Safe U.S. Gulf port, (intention is Gulf- Houston-LTG, to be reconfirmed on receiving with the 14 day Preadvice notice)

Laydays:  November 10-20, 2020.

Loading Terms:  As per Freight IFB18-037B – Cargo to be loaded at the average rate of 4,000 MT per WWDSSHEX EIU Any stowing and / or trimming to be for owner’s account.

Discharge port: Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila at Charterer’s/Receiver’s option. Port of Alexandria and El Dekheila is considered one safe port of discharge.

Freight Rate: US$79.50 PMT.

Ocean freight rate is basis One Safe Load port /One Safe Load berth USGULF (G-HOUS-LTG) to Two safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila. Port of Alexandria and El Dekheila is considered one safe port of discharge.

For each additional load port, if used, add US$30,000.00 Lumpsum

For each additional load berth, if used, add US$10,000.00 Lumpsum.

If GULF NOLA used add US$35,000 Lumpsum.

Demurrage/ Despatch: 

Demurrage / Despatch at load port US$10,000.00 / Despatch US$5,000.00.

Demurrage / Despatch at discharge port US$10,000.00 /  Despatch US$5,000.00

Otherwise as per terms and conditions of Land O’Lakes freight tender

IFB 18-037B dated October 7, 2020 and Land O’Lakes charter party proforma.

End of fixture recap

IFB# 18-037B Egypt Re-Tender

October 7, 2020

Freight Tender: BKA Logistics, Land O’Lakes Bulk Yellow Soybeans to Egypt.

IFB No. 18-037B

Date: October 07, 2020.

BKA Logistics LLC., for and on behalf of Land O’Lakes International Development Inc., AKA- Land O’Lakes Venture37, (hereafter LOL), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybeans in bulk, under the Food for Progress program on the following basis:

BKA Ref: F20-0049

IFB No: 18-037B

Sales Order 5000654283

Commodity Solicitation No. 2000007352

Freight Solicitation No. 2000007353

Agreement No: FCC-263-2018/003-00

Freight offers are due no later than 1000 hours CT (1100 hours ET) October 13, 2020. Freight offers are to remain valid until 1700 hours ET October 15, 2020.

Only firm offers that are responsive to the terms of this IFB will be considered and no negotiations will be permitted.

Submission of freight offers:

All carriers are required to submit offers electronically, by the due date and time, for the cargoes advertised by this IFB via the U.S. Department of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the Invitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Invitation(s), including the deadline(s) for submission of bids therein.

The Web Based Supply Chain Management system can be accessed through the following website:

http://www.usda.gov/wps/portal/usda/usdahome?navid=wbscm

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

Telephone: (877) 927-2648; e-mail: wbscm.servicedesk@caci.com

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.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila, Egypt.

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 or rsingh@bkalogistics.net

1) Cargo: Up to 22,000 Metric Tons Yellow Soybeans in Bulk

Offerors should consider offering vessels to carry a range of tonnages in event that quantity purchased is more or less than the quantity stated.

Contracted quantities will be on min/max basis.

Land O’Lakes cargo to Egypt to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).

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

Any such completion cargoes, even if same grade and quality of LOL cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. 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.

2) Laydays: November 10-20, 2020. Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.

3) Owners to provide fourteen (14) day preadvice of vessel readiness to load. Preadvice notice must be received at the office of BKA Logistics LLC. Prior to 1100 hours Washington DC time on regular business day to be considered received on that day. If preadvice is received later than 1100 hours Washington DC time on regular business day –or- on weekends / holidays then preadvice notice will be considered received on the next business day. In addition to sending preadvice notice to BKA, as above, owner must also provide copy of their preadvice notice to USDA / KCCO Bulk Commodities Division, Fax no 816-823-2586.

4) 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 and name of top-off/transfer port in St. Lawrence Seaway.

5) Discharge port: Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila at Charterer’s/Receiver’s option. Port of Alexandria and El Dekheila is considered one safe port of discharge. Charterer’s Receiver advise, as guidance following arrival port/berth restrictions: Arrival draft 42 ft / 12.80 MetersSW; LOA maximum 800 feet/ 243 Meters. Owners are fully responsible for vessel arriving at the discharge port and receiver’s berth within the permissible draft and LOA restriction.

6) Load terms: Cargo to be loaded according to berth terms with customary despatch at the average rate as provided below based on vessels contracted quantity. The rates are basis tons of 2204.6 pounds per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU). Any Stowing and/or trimming to be for Owner’s account.

Bulk carriers:

Vessel contracted Quantity Loading guarantee

0 – 9,999.99 MT 4,000 MT per day

10,000.00 – 19,999.99 MT 5,000 MT per day

20,000.00 – 29,999.99 MT 6,000 MT per day

30,000.00 – 39,999.99 MT 7,500 MT per day

40,000.00 – 49,999.99 MT 10,000 MT per day

50,000.00 MT and above 12,000 MT per day

U.S. Flag Tankers Not Permitted.

Tween-deckers: the load guarantee shall be 3,000 MT per day.

No load guarantee for Lash / Seabee barges.

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

Furthermore, Owner to provide the following additional original documents:

i) NCB Hold Hatch Sealing Certificate stating Seal Number.

ii) Cargo Manifest signed by Masteror on behalf of Master.

iii) Vessel Stowage Plan signed by the Master or on behalf of the Master.

iv) Master authorization to agent to sign the Bills of Lading , if not signed by the Master..

NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC). Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.

Further Charterer/ Receiver may require samples of grain to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.

7) Discharging terms: Cargo is to be discharged, by Receivers, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,500 MT (of 2204.6 lbs.) for bulk carriers, 1,500 MT (of 2204.6 lbs.) for Tween/multi-deckers per weather working days of 24 consecutive hours, Saturdays, Sundays and official holidays excepted, even if used (WWDSSHEX EIU), on the basis of the Bill of Lading quantity. Time from 1700 hrs local time Friday (or on a day preceding an official holiday) through 0800 hrs local time Monday (or day after an official holiday) shall not count against laytime, even if used.

Time stops upon completion of discharge.

Notice of vessel’s readiness (NOR) to discharge must be tendered to the Receiver’s office or the office of the vessel agent at the discharge port between of 0900 hours and 1700 hours local time on all days except Saturdays, Sundays and Holidays, whether vessel is in port or not (WIPON); whether vessel has been granted Free Pratique or not (WIFPON whether vessel has been customs cleared or not (WCCON);); whether vessel is in berth or not (WIBON). Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.

Laytime to commence at 0800 hours on the next working day if the Notice of Readiness has been tendered as above. At the vessel’s option the NOR may be tendered in writing by email.

Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laydays will commence at 0800 AM (local time) on the next working day after the valid NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s account, and time not to count as laytime. All other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receiver’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.

Please note: Vessel will be required to shift to a sampling berth / anchorage and return to waiting area before shifting to a final discharge berth or anchorage

8) Laytime is non-reversible.

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

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

11) The ocean carrier shall release a set of clean on board ocean Bills of Lading, marked “Freight Payable as per Charter Party” to Charterer's freight forwarder promptly upon completion of loading of each commodity supplier's cargo. At Charterer’s option the Bill of Lading discharge port may state “Two (2) safe berths and or anchorages, One (1) safe

Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila at Charterer’s/Receiver’s option.” Bills of Lading to be sent by courier to Charterer’s freight forwarder at owner’s expense.

12) Demurrage / Despatch are 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.

13) At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive (hereinafter referred to as NAEGA) regardless of vessel type. Further, the following modifications to NAEGA will apply: anywhere the word “buyer” appears, the words “vessel owner” is to be substituted. Under no circumstance shall charterers or USDA/CCC be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between the vessel owner and commodity supplier. Any/all disputes between vessel owner and supplier arising out of the contract relating to the settlement of laytime issues shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.

14) At discharge port, laytime calculation and settlement of demurrage and despatch will be directly between Buyer/Receiver and Vessel Owner. Neither Charterer (Land O’ Lakes) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch. To the extent that Seller’s participating in such settlement discussions between Buyer and Vessel Owner would be beneficial, BKA Logistics is authorized to participate in such discussions on behalf of Seller, though BKA Logistics will have no liability resulting from such a settlement.

.Any disputes in settlement of laytime issues between Buyer/Receiver 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.

15) Vessel type restrictions: On US Flag, Bulk Carriers including ITB/ ATB tug/barges, Tween/Multi deckers will be considered. Tankers and towed tug/barges are prohibited. On Non- US Flag vessels single deck geared or gearless, Self-Trimming Bulk Carriers will be considered. All performing vessels must meet the port /terminal restrictions on Vessel LOA, and arrival draft.

16) Foreign flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern. Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for owners account, but not exceeding New York market rates for U.S. Flag vessels and not exceeding London rates for Non-US Flag vessels, at time of application. The Receiver to produce quotes and vouchers to evidence that such overage penalty has been incurred. NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments.

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

17) Vessel gear requirements Non US flag single deck self trimming geared or gearless vessels will be considered. If geared vessel, gear, if used, must be in good working order and capable of maintaining the guaranteed rate of discharge as per discharging clause above.

U.S. Flag gearless vessels will be considered.

Any time lost as a result of breakdown of Owner provided gear and or discharge equipment to be excluded from laytime used.

Hatches:

Opening and closing of hatches to be carried out by vessel’s crew free of charge to charterers. Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches are required.

For all vessels, Owners are required to provide certificate from NCB certifying that vessel’s hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo spaces. Cost of sealing and special survey are for account of owner and in no way diminishes owners’ liability and responsibilities toward the cargo. NCB Certificate must show the seal numbers.

18) At the Load Port -Any dues and/or taxes on cargo and/or freight to be for Charterers' account, and any dues and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account, and any port dues, fees and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

19) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020. Only the recirculation method of fumigation is to be used. Vessels that cannot be so fumigated basis the recirculation method will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tweendeckers and bulk carriers (including push-mode ITB), the recirculation method of fumigation will be used. Tween-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for in-transit fumigation and such written statement from certified applicator should be submitted with offer.

20) Offers of only named vessels will be considered. No vessel substitution is permitted without Land O’Lakes /USDA approval.

21) Owner warrants, represents and undertakes that the Vessel complies fully with all the requirements of the International Safety Management (ISM) code and the International Code for the Security of Ships and of port facilities and the relevant amendments to Chapter XI of Solas and all amendments from time to time in force (ISPS Code) and where the Load Port or Discharge Port is within the USA and US territories or waters, with the US Maritime Transportation Security Act 2002 (MTSA). Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).

Notwithstanding any prior acceptance of the Vessels by Land O’ Lakes , Charterer, if at any time prior to or during the vessels stay at the Discharge Port the vessel is found not to be compliant with the ISPS Code or the MTSA or ceases to be so, Charterer/ Receiver shall have the right not to berth such nominated vessel and any and all damages/costs/expenses including, but not limited to, demurrage, carrying charges, levies or taxes shall be for the account of the Owner. Owner shall, accordingly, be obliged to substitute such nominated vessel with a vessel complying with the requirements of the ISPS Code or the MTSA.

Charterer/ Receiver hereby warrants that, inter alia, Discharge Port / facility is fully ISPS Code and MTSA compliant having a port Facility Security Plan (PFSC). Upon request, Charterer/ Receiver to provide written proof thereof prior to discharge. Any and all damages/costs/expenses incurred by the Vessel including, but not limited to, demurrage, damages for detention or otherwise, along with any additional charge, fee or duty levied on the Vessel at the Discharge Port resulting directly from the failure of the discharging port/terminal/installation to comply with the ISPS code or the MTSA will be for the Receiver’s account.

22) 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).

23) 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.

24) 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.

25) 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.

26) Offerors are required to provide the following information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft / gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in class at time of the offer and during the voyage.

27) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to two discharging berth and/or anchorage, one discharging port, plus additional freight (if any) per metric ton on entire cargo for each additional load berth, load port 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.

For evaluation offerors to enter Ocean Transport charges basis Free Out Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila.

28) Lightening not permitted.

29) In the event authorities do not permit the vessel to enter the port, and/or grant Free Pratique, because of port quarantine procedures related to COVID-19 restrictions and thus causing the vessel to be detained from entering the port and discharging the cargo, such time lost shall be entirely for Vessel Owner’s account and time.

Any delays or quarantine time due to determination of COVID -19 infection by any ship personnel, and/or due to contamination of the vessel, the time to remedy and disinfection of same, including vacating/re-berthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for vessel owner’s account and time.

Any delays or quarantine time due to determination of COVID-19 infection by any buyer’s personnel, buyer’s contractor and/or due to contamination of the discharging and/or storage facilities at port, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for buyer’s account and time.

30) LOL reserves the right to accept or reject all offers.

31) Commission: 1.67 percent on gross freight /deadfreight is payable to BKA Logistics LLC.

32) Otherwise subject to terms and conditions of Land O’Lakes International Development Inc. Charter Party Proforma.

33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CT USA on October 13 ,2020. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hrs. Washington DC time October 15, 2020. Fixtures resulting from this tender are subject to approval by LOL and USDA.

For further information regarding this specific tender contact:

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

Phone: 202-331-7395

Email:

mark.millard@bkalogistics.net / Email: rsingh@bkalogistics.net.

End

IFB# 18-037B Egypt Re-Tender

October 1, 2020

Freight Tender: BKA Logistics, Land O’Lakes Bulk Yellow Soybeans to Egypt.

IFB No. 18-037B

Date: October 01, 2020.

BKA Logistics LLC., for and on behalf of Land O’Lakes International Development Inc., AKA- Land O’Lakes Venture37, (hereafter LOL), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybeans in bulk, under the Food for Progress program on the following basis:

BKA Ref: F20-0049

IFB No: 18-037B

Sales Order 5000654283

Commodity Solicitation No. 2000007348

Freight Solicitation No. 2000007349

Agreement No: FCC-263-2018/003-00

Freight offers are due no later than 1000 hours CT (1100 hours ET) October 06, 2020.  Freight offers are to remain valid until 1700 hours ET October 08, 2020.

Only firm offers that are responsive to the terms of this IFB will be considered and no negotiations will be permitted.

Submission of freight offers:

All carriers are required to submit offers electronically, by the due date and time, for the cargoes advertised by this IFB via the U.S. Department of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the Invitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Invitation(s), including the deadline(s) for submission of bids therein.

The Web Based Supply Chain Management system can be accessed through the following website:  http://www.usda.gov/wps/portal/usda/usdahome?navid=wbscm

 

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

Telephone: (877) 927-2648; e-mail: wbscm.servicedesk@caci.com

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.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila, Egypt.

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 or rsingh@bkalogistics.net

1)    Cargo: Upto 22,000 Metric Tons Yellow Soybeans in Bulk

Offerors should consider offering vessels to carry a range of tonnages in event that quantity purchased is more or less than the quantity stated.

Contracted quantities will be on min/max basis.

Offerors are encouraged to offer the Land O’ Lakes cargo in combination with Land O’ Lakes cargo of 4,000 MT Soybean Meal to Poti Georgia  that is being tendered within the same laydays under separate IFBs.

Land O’Lakes cargo to Egypt to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).

 

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

Any such completion cargoes, even if same grade and quality of LOL cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. 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.

2) Laydays: November 10-20, 2020.  Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above.  Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.

3) Owners to provide fourteen (14) day preadvice of vessel readiness to load.  Preadvice notice must be received at the office of BKA Logistics LLC.  Prior to 1100 hours Washington DC time on regular business day to be considered received on that day.  If preadvice is received later than 1100 hours Washington DC time on regular business day –or- on weekends / holidays then preadvice notice will be considered received on the next business day.  In addition to sending preadvice notice to BKA, as above, owner must also provide copy of their preadvice notice to USDA / KCCO Bulk Commodities Division, Fax no 816-823-2586.

4) 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 and name of top-off/transfer port in St. Lawrence Seaway.

5) Discharge port: Two (2) safe berths and/or anchorages, One (1)  safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila at Charterer’s/Receiver’s option. Port of Alexandria and El Dekheila is considered one safe port of discharge. Charterer’s Receiver advise, as guidance following arrival port/berth restrictions: Arrival draft 42 ft / 12.80 MetersSW; LOA maximum 800 feet/ 243 Meters. Owners are fully responsible for vessel arriving at the discharge port and receiver’s berth within the permissible draft and LOA restriction.

6) Load terms: Cargo to be loaded according to berth terms with customary despatch at the average rate as provided below based on vessels contracted quantity.  The rates are basis tons of 2204.6 pounds per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU).  Any Stowing and/or trimming to be for Owner’s account.

Bulk carriers:

Vessel contracted Quantity                             Loading guarantee

0 – 9,999.99 MT                                              4,000 MT per day

10,000.00 – 19,999.99 MT                             5,000 MT per day

20,000.00 – 29,999.99 MT                             6,000 MT per day

30,000.00 – 39,999.99 MT                             7,500 MT per day

40,000.00 – 49,999.99 MT                             10,000 MT per day

50,000.00 MT and above                                12,000 MT per day

U.S. Flag Tankers Not Permitted.

Tween-deckers: the load guarantee shall be 3,000 MT per day.

No load guarantee for Lash / Seabee barges.

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

Furthermore,  Owner to provide the following additional original documents:

i)               NCB Hold Hatch Sealing Certificate stating Seal Number.

ii)             Cargo Manifest signed by Masteror on behalf of Master.

iii)           Vessel Stowage Plan signed by the Master or on behalf of the Master.

iv)            Master authorization to agent to sign the Bills of Lading , if not signed by the Master..

NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC).  Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.

Further Charterer/ Receiver may require samples of grain to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.

7) Discharging terms: Cargo is to be discharged, by Receivers, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,500 MT (of 2204.6 lbs.) for bulk carriers, 1,500 MT (of 2204.6 lbs.) for Tween/multi-deckers per weather working days of 24 consecutive hours, Saturdays, Sundays and official holidays excepted, even if used (WWDSSHEX EIU), on the basis of the Bill of Lading quantity.  Time from 1700 hrs local time Friday (or on a day preceding an official holiday) through 0800 hrs local time Monday (or day after an official holiday) shall not count against laytime, even if used.

Time stops upon completion of discharge.

Notice of vessel’s readiness (NOR) to discharge must be tendered to the Receiver’s office  or the office of the vessel agent at the discharge port between of 0900 hours and 1700 hours local time on all days except Saturdays, Sundays and Holidays, whether vessel is in port or not (WIPON); whether vessel has been granted Free Pratique or not (WIFPON whether vessel has been customs cleared or not (WCCON);); whether vessel is in berth or not (WIBON). Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.  

Laytime to commence at 0800 hours on the next working day if the Notice of Readiness has been tendered as above. At the vessel’s option the NOR may be tendered in writing by email.

Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime.  Laydays will commence at 0800 AM (local time) on the next working day after the valid NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s account, and time not to count as laytime.  All other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receiver’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.

Please note: Vessel will be required to shift to a sampling berth / anchorage and return to waiting area before shifting to a final discharge berth or anchorage

8) Laytime is non-reversible. 

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

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

11) The ocean carrier shall release a set of clean on board ocean Bills of Lading, marked “Freight Payable as per Charter Party” to Charterer's freight forwarder promptly upon completion of loading of each commodity supplier's cargo.  At Charterer’s option the Bill of Lading discharge port may state “Two (2) safe berths and or anchorages, One (1)  safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila at Charterer’s/Receiver’s option.”  Bills of Lading to be sent by courier to Charterer’s freight forwarder at owner’s expense.

12) Demurrage / Despatch are 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.

13) At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive (hereinafter referred to as NAEGA) regardless of vessel type.  Further, the following modifications to NAEGA will apply: anywhere the word “buyer” appears, the words “vessel owner” is to be substituted.  Under no circumstance shall charterers or USDA/CCC be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between the vessel owner and commodity supplier.  Any/all disputes between vessel owner and supplier arising out of the contract relating to the settlement of laytime issues shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.

14) At discharge port, laytime calculation and settlement of demurrage and despatch will be directly between Buyer/Receiver and Vessel Owner. Neither Charterer (Land O’ Lakes) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch.  To the extent that Seller’s participating in such settlement discussions between Buyer and Vessel Owner would be beneficial, BKA Logistics is authorized to participate in such discussions on behalf of Seller, though BKA Logistics will have no liability resulting from such a settlement. .Any disputes in settlement of laytime issues between Buyer/Receiver 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.

15) Vessel type restrictions: On US Flag, Bulk Carriers including ITB/ ATB tug/barges, Tween/Multi deckers will be considered. Tankers and towed tug/barges are prohibited.    On Non- US Flag vessels single deck geared or gearless, Self-Trimming Bulk Carriers will be considered. All performing vessels must meet the port /terminal restrictions on Vessel LOA, and arrival draft.

16) Foreign flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern.  Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for owners account, but not exceeding New York market rates for U.S. Flag vessels and not exceeding London rates for Non-US Flag vessels, at time of application. The Receiver to produce quotes and vouchers to evidence that such overage penalty has been incurred.  NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments.

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

17) Vessel gear requirements Non US flag single deck self trimming geared or gearless vessels will be considered. If geared vessel, gear, if used, must be in good working order and capable of maintaining the guaranteed rate of discharge as per discharging clause above. 

U.S. Flag gearless vessels will be considered.

Any time lost as a result of breakdown of Owner provided gear and or discharge equipment to be excluded from laytime used. 

Hatches:

Opening and closing of hatches to be carried out by vessel’s crew free of charge to charterers.  Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches are required.

For all vessels, Owners are required to provide certificate from NCB certifying that vessel’s hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo spaces.  Cost of sealing and special survey are for account of owner and in no way diminishes owners’ liability and responsibilities toward the cargo.  NCB Certificate must show the seal numbers.

18) At the Load Port -Any dues and/or taxes on cargo and/or freight to be for Charterers' account, and any dues and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account, and any port dues, fees and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

19) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020.  Only the recirculation method of fumigation is to be used.  Vessels that cannot be so fumigated basis the recirculation method will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tweendeckers and bulk carriers (including push-mode ITB), the recirculation method of fumigation will be used. Tween-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for in-transit fumigation and such written statement from certified applicator should be submitted with offer.

20)  Offers of only named vessels will be considered.  No vessel substitution is permitted without Land O’Lakes /USDA approval.

21) Owner warrants, represents and undertakes that the Vessel complies fully with all the requirements of the International Safety Management (ISM) code and the International Code for the Security of Ships and of port facilities and the relevant amendments to Chapter XI of Solas and all amendments from time to time in force (ISPS Code) and where the Load Port or Discharge Port is within the USA and US territories or waters, with the US Maritime Transportation Security Act 2002 (MTSA). Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).

Notwithstanding any prior acceptance of the Vessels by Land O’ Lakes , Charterer, if at any time prior to or during the vessels stay at the Discharge Port the vessel is found not to be compliant with the ISPS Code or the MTSA or ceases to be so,  Charterer/ Receiver shall have the right not to berth such nominated vessel and any and all damages/costs/expenses including, but not limited to, demurrage, carrying charges, levies or taxes shall be for the account of the Owner. Owner shall, accordingly, be obliged to substitute such nominated vessel with a vessel complying with the requirements of the ISPS Code or the MTSA.

Charterer/ Receiver hereby warrants that, inter alia, Discharge Port / facility is fully ISPS Code and MTSA compliant having a port Facility Security Plan (PFSC). Upon request, Charterer/ Receiver to provide written proof thereof prior to discharge. Any and all damages/costs/expenses incurred by the Vessel including, but not limited to, demurrage, damages for detention or otherwise, along with any additional charge, fee or duty levied on the Vessel at the Discharge Port resulting directly from the failure of the discharging port/terminal/installation to comply with the ISPS code or the MTSA will be for the Receiver’s account.

22) 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).

23) 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.

24) 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.

25) 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.

26) Offerors are required to provide the following information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft / gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in class at time of the offer and during the voyage.

27) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to two discharging berth and/or anchorage, one discharging port, plus additional freight (if any) per metric ton on entire cargo for each additional load berth, load port 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.

For evaluation offerors to enter Ocean Transport charges basis Free Out Two (2) safe berths and/or anchorages, One (1)  safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila.

28) Lightening not permitted.

29) In the event authorities do not permit the vessel to enter the port, and/or grant Free Pratique, because of port quarantine procedures related to COVID-19 restrictions and thus causing the vessel to be detained from entering the port and discharging the cargo, such time lost shall be entirely for Vessel Owner’s account and time.

Any delays or quarantine time due to determination of COVID -19 infection by any ship personnel, and/or due to contamination of the vessel, the time to remedy and disinfection of same, including vacating/re-berthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for vessel owner’s account and time.

Any delays or quarantine time due to determination of COVID-19 infection by any buyer’s personnel, buyer’s contractor and/or due to contamination of the discharging and/or storage facilities at port, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for buyer’s account and time.

30) LOL reserves the right to accept or reject all offers.

31) Commission: 1.67 percent on gross freight /deadfreight is payable to BKA Logistics LLC.

32) Otherwise subject to terms and conditions of Land O’Lakes International Development Inc. Charter Party Proforma.

33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CT USA on October 06 ,2020. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hrs. Washington DC time October 08, 2020. Fixtures resulting from this tender are subject to approval by LOL and USDA.

For further information regarding this specific tender contact:

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

Phone: 202-331-7395

Email: mark.millard@bkalogistics.net / Email: rsingh@bkalogistics.net.

End

IFB# 18-037B Egypt Tender

September 24, 2020

Freight Tender: BKA Logistics, Land O’Lakes Bulk Yellow Soybeans to Egypt.

IFB No. 18-037B

Date: September 24, 2020.

BKA Logistics LLC., for and on behalf of Land O’Lakes International Development Inc., AKA- Land O’Lakes Venture37, (hereafter LOL), requests firm offers of U.S. and non- U.S. flag vessels for the carriage of Soybeans in bulk, under the Food for Progress program on the following basis:

BKA Ref: F20-0049

IFB No: 18-037B

Sales Order 5000654283

Commodity Solicitation No. 2000007340

Freight Solicitation No. 2000007341

Agreement No: FCC-263-2018/003-00

Freight offers are due no later than 1000 hours CT (1100 hours ET) September 29, 2020. Freight offers are to remain valid until 1700 hours ET October 1, 2020.

Only firm offers that are responsive to the terms of this IFB will be considered and no negotiations will be permitted.

Submission of freight offers:

All carriers are required to submit offers electronically, by the due date and time, for the cargoes advertised by this IFB via the U.S. Department of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the Invitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Invitation(s), including the deadline(s) for submission of bids therein.

The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=wbscm

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

Telephone: (877) 927-2648; e-mail: wbscm.servicedesk@caci.com

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.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila, Egypt.

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 or rsingh@bkalogistics.net

1) Cargo: Upto 22,000 Metric Tons Yellow Soybeans in Bulk

Offerors should consider offering vessels to carry a range of tonnages in event that quantity purchased is more or less than the quantity stated.

Contracted quantities will be on min/max basis.

Offerors are encouraged to offer the Land O’ Lakes cargo in combination with Land O’ Lakes cargo of 4,000 MT Soybean Meal to Poti Georgia and ACDI Ghana 10,000 MT Soybean Meal to Ghana port(s), that are being tendered within the same laydays under separate IFBs.

Land O’Lakes cargo to Egypt to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).

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

Any such completion cargoes, even if same grade and quality of LOL cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. 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.

2) Laydays: November 10-20, 2020. Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.

3) Owners to provide fourteen (14) day preadvice of vessel readiness to load. Preadvice notice must be received at the office of BKA Logistics LLC. Prior to 1100 hours Washington DC time on regular business day to be considered received on that day. If preadvice is received later than 1100 hours Washington DC time on regular business day –or- on weekends / holidays then preadvice notice will be considered received on the next business day. In addition to sending preadvice notice to BKA, as above, owner must also provide copy of their preadvice notice to USDA / KCCO Bulk Commodities Division, Fax no 816-823-2586.

4) 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.

5) Discharge port: Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and/or El Dekheila at Charterer’s/Receiver’s option. Port of Alexandria and El Dekheila is considered one safe port of discharge. Charterer’s Receiver advise, as guidance following arrival port/berth restrictions: Arrival draft 42 ft / 12.80 MetersSW; LOA maximum 800 feet/ 243 Meters. Owners are fully responsible for vessel arriving at the discharge port and receiver’s berth within the permissible draft and LOA restriction.

6) Load terms: Cargo to be loaded according to berth terms with customary despatch at the average rate as provided below based on vessels contracted quantity. The rates are basis tons of 2204.6 pounds per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU). Any Stowing and/or trimming to be for Owner’s account.

Bulk carriers:

Vessel contracted Quantity Loading guarantee

0 – 9,999.99 MT 4,000 MT per day

10,000.00 – 19,999.99 MT 5,000 MT per day

20,000.00 – 29,999.99 MT 6,000 MT per day

30,000.00 – 39,999.99 MT 7,500 MT per day

40,000.00 – 49,999.99 MT 10,000 MT per day

50,000.00 MT and above 12,000 MT per day

U.S. Flag Tankers Not Permitted.

Tween-deckers: the load guarantee shall be 3,000 MT per day.

No load guarantee for Lash / Seabee barges.

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

Furthermore, Owner to provide the following additional original documents:

i) NCB Hold Hatch Sealing Certificate stating Seal Number.

ii) Cargo Manifest signed by Masteror on behalf of Master.

iii) Vessel Stowage Plan signed by the Master or on behalf of the Master.

iv) Master authorization to agent to sign the Bills of Lading , if not signed by the Master..

NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC). Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.

Further Charterer/ Receiver may require samples of grain to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner

to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.

7) Discharging terms: Cargo is to be discharged, by Receivers, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,500 MT (of 2204.6 lbs.) for bulk carriers, 1,500 MT (of 2204.6 lbs.) for Tween/multi-deckers per weather working days of 24 consecutive hours, Saturdays, Sundays and official holidays excepted, even if used (WWDSSHEX EIU), on the basis of the Bill of Lading quantity. Time from 1700 hrs local time Friday (or on a day preceding an official holiday) through 0800 hrs local time Monday (or day after an official holiday) shall not count against laytime, even if used.

Time stops upon completion of discharge.

Notice of vessel’s readiness (NOR) to discharge must be tendered to the Receiver’s office or the office of the vessel agent at the discharge port between of 0900 hours and 1700 hours local time on all days except Saturdays, Sundays and Holidays, whether vessel is in port or not (WIPON); whether vessel has been granted Free Pratique or not (WIFPON whether vessel has been customs cleared or not (WCCON);); whether vessel is in berth or not (WIBON). Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.

Laytime to commence at 0800 hours on the next working day if the Notice of Readiness has been tendered as above. At the vessel’s option the NOR may be tendered in writing by email.

Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laydays will commence at 0800 AM (local time) on the next working day after the valid NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s account, and time not to count as laytime. All other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receiver’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.

Please note: Vessel will be required to shift to a sampling berth / anchorage and return to waiting area before shifting to a final discharge berth or anchorage

8) Laytime is non-reversible.

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

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

11) The ocean carrier shall release a set of clean on board ocean Bills of Lading, marked "Freight Payable as per Charter Party" to Charterer's freight forwarder promptly upon completion of loading of each commodity supplier's cargo. At Charterer’s option the Bill of Lading discharge port may state "Two (2) safe berths and or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila at Charterer’s/Receiver’s option." Bills of Lading to be sent by courier to Charterer’s freight forwarder at owner’s expense.

12) Demurrage / Despatch are 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.

13) At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive (hereinafter referred to as NAEGA) regardless of vessel type. Further, the following modifications to NAEGA will apply: anywhere the word "buyer" appears, the words "vessel owner" is to be substituted. Under no circumstance shall charterers or USDA/CCC be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between the vessel owner and commodity supplier. Any/all disputes between vessel owner and supplier arising out of the contract relating to the settlement of laytime issues shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.

14) At discharge port, laytime calculation and settlement of demurrage and despatch will be directly between Buyer/Receiver and Vessel Owner. Neither Charterer (Land O’ Lakes) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch. To the extent that Seller’s participating in such settlement discussions between Buyer and Vessel Owner would be beneficial, BKA Logistics is authorized to participate in such discussions on behalf of Seller, though BKA Logistics will have no liability resulting from such a settlement. .Any disputes in settlement of laytime issues between Buyer/Receiver 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.

15) Vessel type restrictions: On US Flag, Bulk Carriers including ITB/ ATB tug/barges, Tween/Multi deckers will be considered. Tankers and towed tug/barges are prohibited. On Non- US Flag vessels single deck geared or gearless, Self-Trimming Bulk Carriers will be considered. All performing vessels must meet the port /terminal restrictions on Vessel LOA, and arrival draft.

16) Foreign flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern. Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for owners account, but not exceeding New York

market rates for U.S. Flag vessels and not exceeding London rates for Non-US Flag vessels, at time of application. The Receiver to produce quotes and vouchers to evidence that such overage penalty has been incurred. NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments.

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

17) Vessel gear requirements Non US flag single deck self trimming geared or gearless vessels will be considered. If geared vessel, gear, if used, must be in good working order and capable of maintaining the guaranteed rate of discharge as per discharging clause above.

U.S. Flag gearless vessels will be considered.

Any time lost as a result of breakdown of Owner provided gear and or discharge equipment to be excluded from laytime used.

Hatches:

Opening and closing of hatches to be carried out by vessel’s crew free of charge to charterers. Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches are required.

For all vessels, Owners are required to provide certificate from NCB certifying that vessel’s hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo spaces. Cost of sealing and special survey are for account of owner and in no way diminishes owners’ liability and responsibilities toward the cargo. NCB Certificate must show the seal numbers.

18) At the Load Port -Any dues and/or taxes on cargo and/or freight to be for Charterers' account, and any dues and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account, and any port dues, fees and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

19) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020. Only the recirculation method of fumigation is to be used. Vessels that cannot be so fumigated basis the recirculation method will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tweendeckers and bulk carriers (including push-mode ITB), the recirculation method of fumigation will be used. Tween-deck vessels are acceptable only when a certified applicator states that the vessel has been

inspected and found to be suitable for in-transit fumigation and such written statement from certified applicator should be submitted with offer.

20) Offers of only named vessels will be considered. No vessel substitution is permitted without Land O’Lakes /USDA approval.

21) Owner warrants, represents and undertakes that the Vessel complies fully with all the requirements of the International Safety Management (ISM) code and the International Code for the Security of Ships and of port facilities and the relevant amendments to Chapter XI of Solas and all amendments from time to time in force (ISPS Code) and where the Load Port or Discharge Port is within the USA and US territories or waters, with the US Maritime Transportation Security Act 2002 (MTSA). Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).

Notwithstanding any prior acceptance of the Vessels by Land O’ Lakes , Charterer, if at any time prior to or during the vessels stay at the Discharge Port the vessel is found not to be compliant with the ISPS Code or the MTSA or ceases to be so, Charterer/ Receiver shall have the right not to berth such nominated vessel and any and all damages/costs/expenses including, but not limited to, demurrage, carrying charges, levies or taxes shall be for the account of the Owner. Owner shall, accordingly, be obliged to substitute such nominated vessel with a vessel complying with the requirements of the ISPS Code or the MTSA.

Charterer/ Receiver hereby warrants that, inter alia, Discharge Port / facility is fully ISPS Code and MTSA compliant having a port Facility Security Plan (PFSC). Upon request, Charterer/ Receiver to provide written proof thereof prior to discharge. Any and all damages/costs/expenses incurred by the Vessel including, but not limited to, demurrage, damages for detention or otherwise, along with any additional charge, fee or duty levied on the Vessel at the Discharge Port resulting directly from the failure of the discharging port/terminal/installation to comply with the ISPS code or the MTSA will be for the Receiver’s account.

22) 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).

23) 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.

24) 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.

25) 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.

26) Offerors are required to provide the following information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft / gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in class at time of the offer and during the voyage.

27) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to two discharging berth and/or anchorage, one discharging port, plus additional freight (if any) per metric ton on entire cargo for each additional load berth, load port 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.

For evaluation offerors to enter Ocean Transport charges basis Free Out Two (2) safe berths and/or anchorages, One (1) safe Mediterranean Egyptian Port – Port of Alexandria and /or El Dekheila.

28) Lightening not permitted.

29)

In the event authorities do not permit the vessel to enter the port, and/or grant Free Pratique, because of port quarantine procedures related to COVID-19 restrictions and thus causing the vessel to be detained from entering the port and discharging the cargo, such time lost shall be entirely for Vessel Owner’s account and time.

Any delays or quarantine time due to determination of COVID -19 infection by any ship personnel, and/or due to contamination of the vessel, the time to remedy and disinfection of same, including vacating/re-berthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for vessel owner’s account and time.

Any delays or quarantine time due to determination of COVID-19 infection by any buyer’s personnel, buyer’s contractor and/or due to contamination of the discharging and/or storage facilities at port, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for buyer’s account and time.

30) LOL reserves the right to accept or reject all offers.

31) Commission: 1.67 percent on gross freight /deadfreight is payable to BKA Logistics LLC.

32) Otherwise subject to terms and conditions of Land O’Lakes International Development Inc. Charter Party Proforma.

33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CT USA on September 29 ,2020. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hrs. Washington DC time October 01, 2020. Fixtures resulting from this tender are subject to approval by LOL and USDA.

For further information regarding this specific tender contact:

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

Phone: 202-331-7395

Email:

mark.millard@bkalogistics.net / Email: rsingh@bkalogistics.net.

End

Contact

New Tenders and Awards

2-TL@fas.usda.gov

Apply

All opportunities must be applied
for through WEBSCM.