Cambodia Award18-053B
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IFB# 18-053B Cambodia Tender Award
October 19, 2021
Fettig & Donalty, Inc. announces the following freight tender results for account of the American Soybean Association (ASA), for the carriage of commodities to Vietnam under the Food for Progress program.
IFB No.: 18-053B
Commodity Solicitation No.: 2000008109
Freight Solicitation No.: 2000008110
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Vessel: LIBERTY GLORY |
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Flag: US |
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Type: GEARED BULK CARRIER |
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Built: 2001 |
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DWT:50,601 MT DWT ON 11.92 M LOA:189.9 M, Beam:32.26 M |
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6 holds/ 6 hatches 4 X 30 T cranes |
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Owner: LIBERTY GLORY CORPORATION |
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Charterer: American Soybean Association. |
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Full/Part Cargo: Part cargo |
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Commodity: Bulk soybean meal |
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Quantity: 8000 MT MIN/MAX, (Under 2 separate Bills of lading, 5500 mt , 2500 mt ) |
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Load Range: : 1-2 safe berth ,1-2 safe port US Gulf (Intention ADS Destrehan, LA) |
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Laydays: Nov25- Dec 5, 2021 14 day pre-advice required |
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Discharge Range:1-2 SB , 1-2SP Vung Tau Port Area (CAI MEP and/or PHU MY), Vietnam |
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Freight Rate: USD 272.68 per mt basis loading one safe berth, one safe port US Gulf, ADM Destrehan, LA to one safe berth, one safe port Vung Tau, Vietnam (Either CAI Mep or Phu My). For each additional load port, if used, add lumpsum USD 250,000. For each additional load berth, in excess of one per port, if used add lumpsum USD 200,000. .For each additional load berth, basis same facility, if used, add lumpsum USD 100,000. For second discharge port in Vung Tau port area, if used, add lumpsum USD 150,000. For second discharge berth at same disport, (CAI Mep or Phy My) add lumpsum USD 75,000. |
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Load Terms, Scale gross load, Demurrage rate: USD 35,000 per day pro rata/ Half despatch |
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Discharge Terms: FREE OUT, Basis 2500 mt per weather working day as per tender terms, Demurrage rate: USD 38,000 per day pro rata/ Half despatch |
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For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)
Oct 5, 2021
IFB# 18-053B Cambodia Tender Amendment
October 7, 2021
Fettig & Donalty, Inc. announces the following freight tender amendment for account of the American Soybean Association (ASA), for the carriage of commodities under the Food for Progress program.
IFB No.: 18-053B
Commodity Solicitation No.: 2000008109
Freight Solicitation No.: 2000008110
Cargo:
Up to approximately 8000 metric tons Soybean Meal in bulk
THE FOLLOWING IS AMENDED:
All offers must remain valid through close of business U.S. Eastern time October 14, 2021.
End
All other terms and conditions as per tender dated Oct 5, 2021
For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)
Oct 7, 2021
IFB# 18-053B Cambodia Tender
October 5, 2021
Fettig & Donalty, Inc. announces the following freight tender for account of the American Soybean Association (ASA), requests firm offers of U.S. and non-U.S. flag geared single-deck bulk grain vessels for the carriage of commodities under the Food for Progress program.
IFB No.: 18-053B
Commodity Solicitation No.: 2000008109
Freight Solicitation No.: 2000008110
Cargo:
Up to approximately 8000 metric tons Soybean Meal in bulk
Laycan: Nov 15-25, 2021 under WBSCM S.O.: 5000737079
OR
Laycan: Nov 25-Dec 5, 2021 under WBSCM 5000741604
One laycan period to be declared upon freight fixture and commodity purchase. Offerors encouraged to provide offers under both laycan periods.
Discharging: 1-2 SP, 1-2 SB Vung Tau Port Area (CAI MEP and/or PHU MY), Vietnam
Loading: 1-2SB, 1-2SP, All USA Port Ranges
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
SUBMISSION OF FREIGHT OFFERS:
To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein. Freight offers are due no later than 10:00 U.S. Central Time (1100 U.S. Eastern Time) on October 12, 2021. Only firm offers will be accepted.
The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM
Carriers must be assigned an USDA eAuthentication 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 offers must remain valid through close of business U.S. Eastern time October 13, 2021. No phone offers or offers via e-mail will be accepted.
Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender. Contracted quantity will be on Min/Max basis.
There have been significant changes to the Cargo Preference legislation. Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.
For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.
Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday. Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.
Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load. Pre-advice notice must be received at office of Fettig & Donalty, Inc. prior to 1100 New York time on a regular business day to be considered received on that day. If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.
Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Vietnam import regulations. Said PSI shall be arranged and paid for by Charterer/Receiver, but Owner to permit the PSI inspector to board and inspect vessel holds and witness the loading.
Terms/Conditions:
1. Vessel Restrictions:
- Non-U.S. flag vessels must be single-deck bulk grain carriers only, equipped with own cranes capable of handling grabs in the event vessel does not have grabs on board . Vessels must not be older than fifteen (15) years. Year of original construction, not rebuilt date, to govern. U.S. flag vessels may be non-bulkers, but cargo to always be directly accessible by vessel cranes/grabs All vessel(s) to be classed highest Lloyds or equivalent.
- All vessels 15 years and older and all ocean-going barges must have all openings to cargo spaces and hatches' covers tightly sealed with tape or by other means to assure watertight integrity. The sealing shall be done to the satisfaction of attending NCB surveyor as attested by a special survey. Cost of sealing hatch covers/openings to cargo spaces as well as special survey fees shall be for vessel owner's account. Special survey certificate shall in no way affect owner's liability and responsibilities toward the cargo.
- Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account. Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.
- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and ends of tweendecks or other spaces which are not bleedable or directly accessible to grab discharge. Time used for discharging from such places shall not count as Laytime or time on demurrage.
2. Only clean offers of named vessels with full particulars will be considered. Offerors are encouraged to include the following information: Name of vessel and flag, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.
Vessel's itinerary from day of offer to first or sole discharge port under this tender is to be submitted with offer and be incorporated into the CP.
3. Vessel Gear Requirements:
Vessels must be equipped with own cranes capable of handling grabs in the event vessel does not have grabs on board.
Vessel gear shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.
Opening and closing of hatches at loading ports shall be performed by the Vessel's crew at the Owners' expense. The first opening and last closing of hatches at each discharge port shall be at the Owners' expense. All other hatch operations at discharge ports for receiver’s time, risk and expense. If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches
4. Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight per MT for additional load/discharge ports, if used. Freight rate quotations must provide per metric ton breakdown of rates (as applicable) for: a) Ocean transportation; b) Cost of lightening.
5. Any other commodities covered by this tender or any other completion cargoes must be fully segregated from any other part cargoes by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick dunnage boards with drilled holes in order to accept fumigation. If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account. Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.
Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality. Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of ASA cargo. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.
6. Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit and vessels that cannot be so fumigated will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA. 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.
7. Lightering at Disport: The Owners are responsible for the performing Vessel to be of a suitable size and for arriving at discharge port and berth(s) with an acceptable safe arrival draft. If Vessels' size or draft exceeds the acceptable safe arrival draft or size limitations, Owner to be fully responsible for any and all costs in reaching such safe draft and/or all costs for lightering the cargo into suitable size vessels.
In the event vessel has to lighten at disport whether full lightering or partial lightering, all lightering operations shall be at ship owner’s time, risk and expense. For all lightering (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry contracted cargo and that all winches/cranes are in good working order. Laytime allowed, whether full or partial lightering, shall be based on the bill(s) of lading weight. In the event of partial lightering, vessel will not be considered ready until owners have arranged lightering and vessel has reached a safe draft for berthing. All time lost before vessel reaches said draft is not to count as Laytime used. Laytime is not to commence prior 0800 on the next working day following completion of lightering and presentation of valid notice of readiness. In the event of full lightering Laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge and demurrage/despatch rate shall apply only to the daughter vessel(s). Mother vessel (partial lightering) and daughter vessels (full or partial lightering) to take turns at discharge and time on second and subsequent vessels not to count until previous vessel completes discharge and has vacated the berth.
Any lighterage is to be accomplished within the territorial waters of the country of the named discharge port(s) unless otherwise approved by Charterers and USDA.
If owners intend to lighten, the offer should specify the cost of lightering, whether full or partial lightering. If lightering is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightering cost from the ocean freight.
8. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).
9. Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense. Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments. Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved survey.
10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity. The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours. Sundays and holidays excepted, even if used. Saturdays per BFC Saturday clause.
Vessel Contracted Quantity Loading Guarantee
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Bulk carriers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load guarantee shall be 3,000 MT per day.
LASH/SEABEE barges: the load/discharge guarantees shall not apply. No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge port(s). Owners are to specify demurrage/despatch rates in their offer. Despatch rates must be one-half of demurrage rates quoted. Laytime is non-reversible.
(c) Laytime accounts are to be settled directly between owners and commodity supplier(s) at load port(s). Laytime calculation, overtime and trimming to be in accordance to Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel. Further, the following modifications to N.A.E.G.A. will apply: anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place. Under no circumstances shall Charterers or CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s). Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.
(d) Discharge port Laytime accounts are to be settled directly between Owners and Receivers. There are 2 receivers : Agri-Master Co. Ltd, Phnom Penh, Cambodia; and Quang Dung Co. LTd, Vietnam. Vessel owner is to prepare and submit signed discharge port Laytime statement to Receivers within ten (10) days of completion of discharge. Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com. Discharge port Laytime accounts and other related matters are to be settled directly between vessel Owners and Receiver latest within 30 days from completion of discharge in accordance with the demurrage/despatch costs established in the governing Charter Party. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the Receivers. Any/all disputes between vessel owners and the Receivers arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc,
Cai Mep port – Max Dwt/draft: 80,000 MT/13.5M- 13.7M,
PhuMy port – Max Dwt/draft: 80,000 MT/13.5M, LOA: Max 229 M
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 2,500 MT of 2204.6 lbs. per weather working days (for solo vessel) 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.
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 (local time), Monday through Friday (except Saturdays, Sundays and Holidays), 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.
Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. All time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.
If any time on the vessel prior to berthing is counted as Laytime, it is to be pro-rated by cargo weight (metric tons) amongst all cargo discharging receivers at the named discharge port. Time at berth is to count only when buyer’s cargo is accessible. Each receiver’s laytime is to be calculated separately.
Vessel’s dues and terminal charges are for the Seller’s / vessel’s account.
12. . Owner's to appoint and pay for charterers' nominated agent at discharge port, HAINAM SHIPPING AGENCY CO., LTD.
81 Huynh Khuong An Street, Baria-Vungtau province, Vungtau city, Vietnam.Tel: +84 2543 510769 (24hrs)/+84 903841331 (Mobile-24hrs).Fax:+84 2543 510768.Email: ops@hainamagency.com hainamagency@gmail.com thu@hainamagency.com
provided the fee is competitive and customary for the port.
All customary port expenses for the vessel are for the account of the vessel owner.
13. Ship owners and/or their agents to release original and non-negotiable bills of lading to Charterer immediately upon completion of loading and without any undue delays, and in any case not later than the second regular business day after loading is completed. Charterers require 2 sets of Bill of Ladings (5500 mt, 2500 mt). Charterers will require bills of lading marked ‘FREIGHT PAYABLE AS PER GOVERNING CHARTER PARTY’ and/or FREIGHT PAYABLE AS PER CHARTER PARTY’. Cargo description to be ‘U.S. ORIGIN SOYBEAN MEAL’ and/or ‘SOYBEAN MEAL’. Owners are responsible for cargo description on Mate’s Receipt and description on Mate’s receipt will in no way delay release of BLs as per Charterer’s required language for the bills of lading.. Discharge port on bills of lading to read: ‘Vung Tau Port Area (CAI MEP or PHU MY), Vietnam.’
14. Not later than 24 hours after completion of Loading Master and or owner and or agent to send a Sailing Notice to Charterer’s agent, Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com. Said notice to state vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date, departure date (or ETD if vessel has not yet sailed), ETA Vung Tau and any ports of call en route, and loaded draft of vessel ETA Vietnam.
15. Transshipment is not permitted.
16. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation by the cooperating sponsor of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 27. Freight payment will be made through WBSCM. In event owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight
17. Provisions applicable to U.S. Flag vessels
(a) U.S. Flag approved freight rates will be reduced to a level not higher than Maritime Administration fair and reasonable rate in the event that originally approved vessel is substituted by a lower cost vessel (including tug and/or barge).
(b) For U.S. Flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.
(c) U.S. Flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel costs prior to submission of the offer.
(d) U.S. Flag vessels which require approval from the Maritime Administration to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issues must obtain such MARAD approval prior to submission of bids.
(e) One way rates must be quoted in addition to round trip rates for non-liner U.S. Flag vessels whose date of original construction exceeds fifteen years from date of fixture.
18. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.
19. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement, and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.
20. Owners must guarantee that the performing vessel fully complies with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will remain compliant for the entirety of her employment under this charter party. Upon request, Owners are to provide Charterers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code, or other evidence satisfactory to Charterers. Owners are to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM and/or ISPS code(s). Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract. Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.
21. Sub-standard vessels and operators: Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)), establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (Preference) cargo(es) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this IFB is a government impelled (Preference) cargo, offerors must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (Preference) cargo(es).
22. Owners warrant that vessel offered is free from any liens and/or encumbrances.
23. Substitution of Vessel is not permitted without Charterers-USDA prior approval. Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.
All vessel substitutions must be vetted through the USDA/Foreign Agricultural Service. The proposed substitute vessel must be of the same service category as the originally awarded vessel. This applies to both U.S. and foreign flag vessel substitutions. The proposed substitute vessel must also appear on the applicable Maritime Administration U.S. or foreign flag vessel list which can be accessed using the following URL: http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…
24. Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to Fettig & Donalty, Inc.
25. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.
26. All other terms and conditions as per Proforma Charter Party, available upon request.
For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)
Oct 5, 2021
IFB# 18-053B Cambodia Tender
September 24, 2021
Fettig & Donalty, Inc. announces the following freight tender for account of the American Soybean Association (ASA), requests firm offers of U.S. and non-U.S. flag geared single-deck bulk grain vessels for the carriage of commodities under the Food for Progress program.
IFB No.: 18-053B
Commodity Solicitation No.: 2000008106
Freight Solicitation No.: 2000008107
Cargo:
Up to approximately 8000 metric tons Soybean Meal in bulk
WBSCM S.O.: 5000737079
Laycan: Nov 15-25, 2021
Discharging: 1-2 SP, 1-2 SB Vung Tau Port Area (CAI MEP and/or PHU MY), Vietnam
Loading: 1-2SB, 1-2SP, All USA Port Ranges
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
SUBMISSION OF FREIGHT OFFERS:
To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein. Freight offers are due no later than 10:00 U.S. Central Time (1100 U.S. Eastern Time) on Sept 28, 2021. Only firm offers will be accepted.
The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM
Carriers must be assigned an USDA eAuthentication 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 offers must remain valid through close of business U.S. Eastern time Sept 30, 2021. No phone offers or offers via e-mail will be accepted.
Offers in combination with Land O Lakes, Winrock and IESC soybeans to Bangladesh for the same Laycan are encouraged.
Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender. Contracted quantity will be on Min/Max basis.
There have been significant changes to the Cargo Preference legislation. Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.
For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.
Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday. Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.
Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load. Pre-advice notice must be received at office of Fettig & Donalty, Inc. prior to 1100 New York time on a regular business day to be considered received on that day. If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.
Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Vietnam import regulations. Said PSI shall be arranged and paid for by Charterer/Receiver, but Owner to permit the PSI inspector to board and inspect vessel holds and witness the loading.
Terms/Conditions:
1. Vessel Restrictions:
- Non-U.S. flag vessels must be single-deck bulk grain carriers only, equipped with own cranes capable of handling grabs in the event vessel does not have grabs on board . Vessels must not be older than fifteen (15) years. Year of original construction, not rebuilt date, to govern. U.S. flag vessels may be non-bulkers, but cargo to always be directly accessible by vessel cranes/grabs All vessel(s) to be classed highest Lloyds or equivalent.
- All vessels 15 years and older and all ocean-going barges must have all openings to cargo spaces and hatches' covers tightly sealed with tape or by other means to assure watertight integrity. The sealing shall be done to the satisfaction of attending NCB surveyor as attested by a special survey. Cost of sealing hatch covers/openings to cargo spaces as well as special survey fees shall be for vessel owner's account. Special survey certificate shall in no way affect owner's liability and responsibilities toward the cargo.
- Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account. Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.
- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and ends of tweendecks or other spaces which are not bleedable or directly accessible to grab discharge. Time used for discharging from such places shall not count as Laytime or time on demurrage.
2. Only clean offers of named vessels with full particulars will be considered. Offerors are encouraged to include the following information: Name of vessel and flag, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.
Vessel's itinerary from day of offer to first or sole discharge port under this tender is to be submitted with offer and be incorporated into the CP.
3. Vessel Gear Requirements:
Vessels must be equipped with own cranes capable of handling grabs in the event vessel does not have grabs on board.
Vessel gear shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.
Opening and closing of hatches at loading ports shall be performed by the Vessel's crew at the Owners' expense. The first opening and last closing of hatches at each discharge port shall be at the Owners' expense. All other hatch operations at discharge ports for receiver’s time, risk and expense. If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches
4. Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight per MT for additional load/discharge ports, if used. Freight rate quotations must provide per metric ton breakdown of rates (as applicable) for: a) Ocean transportation; b) Cost of lightening.
5. Any other commodities covered by this tender or any other completion cargoes must be fully segregated from any other part cargoes by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick dunnage boards with drilled holes in order to accept fumigation. If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account. Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.
Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality. Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of ASA cargo. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.
6. Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit and vessels that cannot be so fumigated will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA. 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.
7. Lightering at Disport: The Owners are responsible for the performing Vessel to be of a suitable size and for arriving at discharge port and berth(s) with an acceptable safe arrival draft. If Vessels' size or draft exceeds the acceptable safe arrival draft or size limitations, Owner to be fully responsible for any and all costs in reaching such safe draft and/or all costs for lightering the cargo into suitable size vessels.
In the event vessel has to lighten at disport whether full lightering or partial lightering, all lightering operations shall be at ship owner’s time, risk and expense. For all lightering (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry contracted cargo and that all winches/cranes are in good working order. Laytime allowed, whether full or partial lightering, shall be based on the bill(s) of lading weight. In the event of partial lightering, vessel will not be considered ready until owners have arranged lightering and vessel has reached a safe draft for berthing. All time lost before vessel reaches said draft is not to count as Laytime used. Laytime is not to commence prior 0800 on the next working day following completion of lightering and presentation of valid notice of readiness. In the event of full lightering Laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge and demurrage/despatch rate shall apply only to the daughter vessel(s). Mother vessel (partial lightering) and daughter vessels (full or partial lightering) to take turns at discharge and time on second and subsequent vessels not to count until previous vessel completes discharge and has vacated the berth.
Any lighterage is to be accomplished within the territorial waters of the country of the named discharge port(s) unless otherwise approved by Charterers and USDA.
If owners intend to lighten, the offer should specify the cost of lightering, whether full or partial lightering. If lightering is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightering cost from the ocean freight.
8. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).
9. Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense. Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments. Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved survey.
10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity. The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours. Sundays and holidays excepted, even if used. Saturdays per BFC Saturday clause.
Vessel Contracted Quantity Loading Guarantee
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Bulk carriers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load guarantee shall be 3,000 MT per day.
LASH/SEABEE barges: the load/discharge guarantees shall not apply. No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge port(s). Owners are to specify demurrage/despatch rates in their offer. Despatch rates must be one-half of demurrage rates quoted. Laytime is non-reversible.
(c) Laytime accounts are to be settled directly between owners and commodity supplier(s) at load port(s). Laytime calculation, overtime and trimming to be in accordance to Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel. Further, the following modifications to N.A.E.G.A. will apply: anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place. Under no circumstances shall Charterers or CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s). Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.
(d) Discharge port Laytime accounts are to be settled directly between Owners and Receivers. There are 2 receivers : Agri-Master Co. Ltd, Phnom Penh, Cambodia; and Quang Dung Co. LTd, Vietnam. Vessel owner is to prepare and submit signed discharge port Laytime statement to Receivers within ten (10) days of completion of discharge. Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com. Discharge port Laytime accounts and other related matters are to be settled directly between vessel Owners and Receiver latest within 30 days from completion of discharge in accordance with the demurrage/despatch costs established in the governing Charter Party. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the Receivers. Any/all disputes between vessel owners and the Receivers arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc,
Cai Mep port – Max Dwt/draft: 80,000 MT/13.5M- 13.7M,
PhuMy port – Max Dwt/draft: 80,000 MT/13.5M, LOA: Max 229 M
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 2,500 MT of 2204.6 lbs. per weather working days (for solo vessel) 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.
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 (local time), Monday through Friday (except Saturdays, Sundays and Holidays), 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.
Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. All time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.
If any time on the vessel prior to berthing is counted as Laytime, it is to be pro-rated by cargo weight (metric tons) amongst all cargo discharging receivers at the named discharge port. Time at berth is to count only when buyer’s cargo is accessible. Each receiver’s laytime is to be calculated separately.
Vessel’s dues and terminal charges are for the Seller’s / vessel’s account.
12. . Owner's to appoint and pay for charterers' nominated agent at discharge port, HAINAM SHIPPING AGENCY CO., LTD.
81 Huynh Khuong An Street, Baria-Vungtau province, Vungtau city, Vietnam.Tel: +84 2543 510769 (24hrs)/+84 903841331 (Mobile-24hrs).Fax:+84 2543 510768.Email: ops@hainamagency.com hainamagency@gmail.com thu@hainamagency.com
provided the fee is competitive and customary for the port.
All customary port expenses for the vessel are for the account of the vessel owner.
13. Ship owners and/or their agents to release original and non-negotiable bills of lading to Charterer immediately upon completion of loading and without any undue delays, and in any case not later than the second regular business day after loading is completed. Charterers require 2 sets of Bill of Ladings (5500 mt, 2500 mt). Charterers will require bills of lading marked ‘FREIGHT PAYABLE AS PER GOVERNING CHARTER PARTY’ and/or FREIGHT PAYABLE AS PER CHARTER PARTY’. Cargo description to be ‘U.S. ORIGIN SOYBEAN MEAL’ and/or ‘SOYBEAN MEAL’. Owners are responsible for cargo description on Mate’s Receipt and description on Mate’s receipt will in no way delay release of BLs as per Charterer’s required language for the bills of lading.. Discharge port on bills of lading to read: ‘Vung Tau Port Area (CAI MEP or PHU MY), Vietnam.’
14. Not later than 24 hours after completion of Loading Master and or owner and or agent to send a Sailing Notice to Charterer’s agent, Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com. Said notice to state vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date, departure date (or ETD if vessel has not yet sailed), ETA Vung Tau and any ports of call en route, and loaded draft of vessel ETA Vietnam.
15. Transshipment is not permitted.
16. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation by the cooperating sponsor of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 27. Freight payment will be made through WBSCM. In event owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight
17. Provisions applicable to U.S. Flag vessels
(a) U.S. Flag approved freight rates will be reduced to a level not higher than Maritime Administration fair and reasonable rate in the event that originally approved vessel is substituted by a lower cost vessel (including tug and/or barge).
(b) For U.S. Flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.
(c) U.S. Flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel costs prior to submission of the offer.
(d) U.S. Flag vessels which require approval from the Maritime Administration to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issues must obtain such MARAD approval prior to submission of bids.
(e) One way rates must be quoted in addition to round trip rates for non-liner U.S. Flag vessels whose date of original construction exceeds fifteen years from date of fixture.
18. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.
19. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement, and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.
20. Owners must guarantee that the performing vessel fully complies with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will remain compliant for the entirety of her employment under this charter party. Upon request, Owners are to provide Charterers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code, or other evidence satisfactory to Charterers. Owners are to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM and/or ISPS code(s). Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract. Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.
21. Sub-standard vessels and operators: Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)), establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (Preference) cargo(es) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this IFB is a government impelled (Preference) cargo, offerors must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (Preference) cargo(es).
22. Owners warrant that vessel offered is free from any liens and/or encumbrances.
23. Substitution of Vessel is not permitted without Charterers-USDA prior approval. Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.
All vessel substitutions must be vetted through the USDA/Foreign Agricultural Service. The proposed substitute vessel must be of the same service category as the originally awarded vessel. This applies to both U.S. and foreign flag vessel substitutions. The proposed substitute vessel must also appear on the applicable Maritime Administration U.S. or foreign flag vessel list which can be accessed using the following URL: http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…
24. Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to Fettig & Donalty, Inc.
25. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.
26. All other terms and conditions as per Proforma Charter Party, available upon request.
For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)
Sept 23, 2021