18-060B - Ghana | USDA Foreign Agricultural Service

IFB #:

18-060B

Tender Date:

03/04/2022 - 12:00 pm

Award Date:

03/11/2022 - 12:00 pm

Award Flag:

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PVO:

Land O'Lakes

Agent:

BKA Logistics

Program:

Food for Progress

IFB# 18-059B and 060B Ghana Award

March 11, 2022

AWARD NOTICE LAND O’LAKES VENTURE 37. FFP – BULK SOYBEAN MEAL

FREIGHT RETENDER IFB18-059 AND 18-060B DATED MARCH 4, 2022.

ON BEHALF OF LAND O’LAKES, (LOL) CHARTERER, BKA LOGISTICS IS PLEASED TO CONFIRM THAT THE FOLLOWING AWARD HAS BEEN MADE AGAINST THE REFERRED FREIGHT IFB :

CHARTER PARTY DATE MARCH 11, 2022.

OWNERS: UNISHIPPING, 58, AVENUE DE WAGRAM, PARIS, FRANCE 75017

VESSEL NAME: MV DD VOGUE; OR SUBSTITUTE

GEARED BULKER; FLAG PANAMA ; BUILT 2008; IMO No. 9357456

24,495 DWT ON 9.90 METER; LOA: 159.0 M ; BEAM 27.0 M;

5 HOLDS/ 5 HATCHES; 1,220,285 / 1,159,270 CFT GR/BA

CARGO: AS PART CARGO –

A) 3,750 METRIC TONS OF BULK SOYBEAN MEAL (BKA REF F22-0004) PLUS

B) 2,080 METRIC TONS OF BULK SOYBEAN MEAL (BKA REF F22-0005)

IN ADDITION, VESSEL SHALL BE ALSO CARRYING AS COMPLETION CARGO, 7,790 METRIC TONS OF BULK SOYBEAN MEAL FOR SHELTER FOR LIFE INTERNATIONAL (SFL) UNDER SEPARATE CHARTER PARTY TO TEMA GHANA. TOTAL CARGO BEING 13,620 METRIC TONS SOYBEAN MEAL FOR TEMA GHANA

ANY ADDITIONAL CARGO SUBJECT CHARTERER/USDA APPROVAL.

LOAD PORT: 1 SAFE BERTH, 1 SAFE U.S. GULF PORT, (INTENTION IS G-NO-WAG, TO BE RECONFIRMED ON RECEIVING WITH THE 14 DAY PREADVICE NOTE)

LAYDAYS: APRIL 10-20, 2022.

OWNERS TO PROVIDE 14 DAYS PREADVICE OF VESSEL READINESS TO LOAD.

LOADING TERMS: AS PER FREIGHT IFB – 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: 1 TO 2 SAFE BERTHS, ONE SAFE PORT TEMA GHANA.

CHARTERER’S RECEIVER INDICATE THAT THE ASSIGNED DISCHARGE BERTH WILL HAVE A MAXIMUM OF SALTWATER ARRIVAL DRAFT OF 10 METERS AND MAXIMUM LOA OF 183 METERS. ALL TIME LOST AND ALL EXTRA EXPENSES RESULTING FROM VESSEL’S LOA EXCEEDING 183 METERS OR VESSEL’S ARRIVAL DRAFT EXCEEDING THE BERTH’S SAFE PERMISSIBLE DRAFT ARE FOR THE ACCOUNT OF THE VESSEL OWNER.

DISCHARGING TERMS: CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 1,650 MT OF 2204.6 POUNDS FOR BULK CARRIERS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED (WWDSSHEX EIU), ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME FROM 1700 HOURS LOCAL TIME FRIDAY (OR ON A DAY PRECEDING HOLIDAY) THROUGH 0800 HOURS LOCAL TIME MONDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED.

CHARTERER’S RECEIVER TO BE THE ONLY RECEIVER IN TEMA, GHANA PORT FOR CARGOES FROM THE SAME VESSEL.

FREIGHT RATE: US$ 151.78 PMT BASIS LOADING G-NO-WAG.

OCEAN FREIGHT RATE IS BASIS ONE SAFE LOAD BERTH /ONE SAFE LOAD PORT TO ONE SAFE DISCHARGE BERTH TEMA GHANA.

ADDITIONAL PREMIUM:

FOR ADDITIONAL LOAD BERTH, IF USED, ADD LUMPSUM US$100,000.00

FOR ADDITIONAL LOAD PORT, IF USED, ADD LUMPSUM US$200,000.00

FOR SECOND DISCHARGE BERTH, IF USED, ADD LUMPSUM US$30,000.00

DEMURRAGE/ DESPATCH:

DEMURRAGE / DESPATCH AT LOAD PORT US$36,000.00 / DESPATCH US$18,000.00.

DEMURRAGE / DESPATCH AT DISCHARGE PORT US$15,000.00 / DESPATCH US$7,500.00

OTHERWISE AS PER TERMS AND CONDITIONS OF LAND O’LAKES VENTURE37 FREIGHT RETENDER IFB 18-059B AND 18-060B DATED MARCH 4, 2022, AND LAND O’LAKES VENTURE37 CHARTER PARTY PROFORMA.

END OF FIXTURE RECAP

IFB# 18-059B and 060B Ghana Re-Tender

March 4, 2022

Freight Re-tender: BKA Logistics, Land O’Lakes Venture37 Bulk Soybean Meal to Ghana.

IFB No. 18-059B and 18-060B

Date: March 4, 2022

BKA Logistics LLC., for and on behalf of Land O’Lakes Venture37 (hereafter LOLV37), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybean Meal in bulk, under the Food for Progress program on the following basis:

For: Up to 4,570 MT Soybean Meal

BKA Ref: F22-0004

IFB No:18-060B

Sales Order 5000757053

Commodity Solicitation No. 2000008408

Freight Solicitation No. 2000008409

Agreement No: FCC11418004

For: Up to 2,580 MT Soybean Meal

BKA Ref: F22-0005

IFB No:18-059B

Sales Order 5000757054

Commodity Solicitation No. 2000008408

Freight Solicitation No. 2000008409

Agreement No: FCC26318003

Freight offers are due no later than 1000 hours CT (1100 hours ET) March 9, 2022. Freight offers are to remain valid until 1700 hours ET March 10, 2022.

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, One safe berth Tema Ghana.

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: For Land O’Lakes Venture37 (LOLV37)

A) Up to 4,570 MT of bulk Soybean Meal (BKA Ref F22-0004)

B) Up to 2,580 MT of bulk Soybean Meal (BKA Ref F22-0005)

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 this LOLV37 cargo in combination with the Shelter For Life International (SFL) cargo of 9,600 MT Soybean Meal in Bulk for Ghana that is tendered for same set of laydays under separate IFB.

LOLV37 cargo with SFL cargo to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).

The LOLV37 and SFL cargoes may be commingled provided said cargo(es) are of the same commodity, quality and specification as procured under the same USDA assigned Purchase Order. Otherwise, cargoes are to be separated as per the separation paragraph below

If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to LOLV37’s cargo, and must be detailed in offer or approved by LOLV37/USDA if contracted after fixture of LOLV37 cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by LOLV37/USDA in approval of such part cargo(es) in order not to unduly impede delivery of LOLV37’s cargo to discharge port(s).

Any such completion cargoes 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 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. Separation, if any, shall be at owner’s time, risk and expense. If Kobe separation used, Owner must construct the separation so that fumigation of the cargo is

effective and the separation/ stowage must be approved by the National Cargo Bureau (NCB), all at Owner’s time, risk and expense.

Any damage sustained by Kobe Type Separation from the discharge of the commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.

The vessel cannot discharge any other commodities for this voyage in Tema, solely the LOLV37 and SFL soybean meal.

2) Laydays:

A) April 1-10, 2022. Cancelling date April 10, 2022, OR

B) April 10-20, 2022. Cancelling date April 20, 2022.

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: 1 to 2 safe berths, one safe port Tema Ghana. Without guarantee, Charterer’s Receiver indicate that the assigned discharge berth will have a maximum of Salt Water Arrival Draft of 10 meters and maximum LOA of 183 Meters. All time lost and all extra expenses resulting from Vessel’s LOA exceeding 183 Meters or vessel’s arrival draft exceeding the berth’s safe permissible draft are for the account of the vessel Owner.

Owners are fully responsible for vessel arriving at the discharge port and receiver’s berth within the permissible draft and LOA restriction. In the event vessel arrives at the discharge port exceeding the above stated restrictions and full or partial lightening is required, owners to be fully responsible for any and all costs for the lightening. Lightening, if any, to be performed in the territorial waters of the country of the discharge port. Lightening daughter vessel utilized must be single deck bulk carriers meeting port’s vessel restrictions. Vacuvators cannot be used for lightening/discharge of the soybean meal. Daughter vessel must be classed highest in Lloyds or equivalent and certified fit for

receipt and carriage of bulk cargo under this Charter Party by first class independent surveyor and provide all gear, required to maintain the guaranteed discharge rate. Daughter and/or performing vessel must meet all requirements of the discharge port authority. If full lightening performed then, each daughter vessel, must tender its notice of readiness to discharge to consignees/receivers or their agents during regular business hours (as per clause 7 below) and laytime shall commence at 0800 hours on next business day and prior time is not to count as laytime used. Laytime shall not count on daughter vessel(s) waiting for discharge berth while another daughter vessel is occupying the discharge berth. Laytime shall recommence on daughter vessel awaiting discharge berth once the daughter vessel at discharge berth has departed. If partial lightening performed then, after mother vessel has completed lightening operations and reached required safe arrival draft for the discharge port, the mother vessel may tender its notice of readiness to discharge to consignees/receivers or their agents during regular business hours (as per clause 7 below) and laytime shall commence at 0800 hours on next business day and prior time used is not to count as a laytime used.

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

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

No load guarantee for Lash / Seabee barges.

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

NB: Charterer/Receiver may require a Preshipment Inspection (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.

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.

7) Discharging terms: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 1,650 MT of 2204.6 pounds for bulk carriers and 1,000 MT of 2204.6 pounds for Tween/multi-deckers per weather working days of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEX EIU), on the basis of the Bill of Lading quantity. Time from 1700 hours local time Friday (or on a day preceding holiday) through 0800 hours local time Monday (or day after holiday) shall not count against laytime, even if used.

Charterer’s Receiver to be the only receiver in Tema, Ghana port for cargoes from the same vessel.

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 email. Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.

If the discharging berth is unavailable the master may warrant that the vessel is in all respects ready to discharge and tender the NOR from any usual waiting place, Whether in Port or not (WIPON), Whether in Berth or not (WIBON), Whether in Free Pratique or not (WIFPON), Whether Customs Cleared or not (WCCON). Laytime shall commence at 08:00 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.

Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 AM (local time) on the next working day after the NOR has been tendered, WCCON, WIFPON, WIPON, WIBON. even if discharging commences earlier.

If the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Sellers' vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine, strike, lockdown or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage.

When master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently found unready in application of the above provisions, laytime or

time on demurrage shall not count from the time the vessel is rejected until the time she is accepted. Any time lost shifting from waiting place to berth shall not count as laytime or as time on demurrage.

Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s account, and time not to count as laytime.

Any shifting and associated laytime as a result of vessel and/or vessel owner’s inability to allow buyers/receivers to access cargo will be for Owner’s account.

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 Buyer’s/Receiver’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.

Time will cease to count as laytime or time on demurrage upon cargo discharge being completed.

Laytime not to count for the time taken in closing/opening of vessel hatches.

Time lost whilst hatches are closed due weather conditions, even if due to the threat of bad weather, said time shall not count as laytime used or time on demurrage.

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.

At the discharge port Owner’s to appoint and pay for Charterer/ Receiver nominated agent:

Supermaritime Ghana Ltd, Tema

Phone +233-(0)303-202874/202036

Email: mail.ghana@supermaritime.com

Website: www.supermaritime.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.

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. Said 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 Vessel Owner and Receiver(s). Receivers are : Flour Mills of Ghana Limited, GAFCO Industrial Complex, Tema Harbor Area, Tema Ghana.

Vessel Owner is to prepare and submit signed discharge port Laytime Statement to Receivers within ten (10) days after completion of discharge. Copies of the signed discharge port Notice of Readiness, Statement of Facts and Laytime Statement also to be provided to BKA Logistics LLC – Email: mark.millard@bkalogistics.net . Discharge port Laytime accounts and other related matters are to be settled directly between vessel Owners and Receivers 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 Charterer (LOLV37) nor USDA / CCC will be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage / despatch between Receiver and vessel Owner. 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: Tankers and Towed barges will not be considered. US Flag Bulk Carriers including ITB/ ATB, Tween/Multi deckers will be considered. For Non- US Flag vessels only, Bulk Carriers will be considered. All performing vessels must meet the port /terminal restrictions on Vessel LOA, Beam, and arrival draft. Otherwise the lightening clause of this tender takes effect.

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 Market rates for Non-US Flag vessels, at time of application. The Receiver to produce quotes and vouchers to evidence that such coverage penalty has been incurred. NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments. For US flag vessels over 15 years of age and ATBs / ITBs, owners are required to provide an additional certificate from NCB

certifying that vessel’s hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo spaces. Cost of sealing and special survey are for account of owner and in no way diminishes owners’ liability and responsibilities toward the cargo.

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

17) Vessel gear requirements:

U.S. Flag vessels may be non-geared and/or non-bulkers, but cargo to always be directly accessible by vessel or shore cranes/grabs. In case U.S. or non-U.S. flag vessel/barge is not equipped with jib cranes of minimum 25MT SWL and/or cranes which do not permit discharging with 8 cubic meter shore grabs into shore hoppers, the vessel/barge owner shall hire at vessel/barge owner’s expense and risk a shore crane for each workable hatch with sufficient safe working load (SWL) capacity to operate 8 cubic meter shore grabs safely and efficiently, and when necessary provide all necessary operators and technicians for the equipment provided. Any time lost as a result of the following not to count as Laytime or time on demurrage:

a) Shore crane(s) not being immediately available upon the vessel’s arrival at the discharge port and/or

b) The initial setup of the shore crane(s), and/or

c) Breakdown or maintenance of shore crane(s)

Non-geared U.S. Flag vessels will be required to furnish all necessary discharge equipment to maintain the guaranteed discharge rate at Owner’s expense, and when necessary, provide all necessary operators and technicians for the equipment provided.

Non-U.S. flag vessel to be equipped with own cranes, i.e. vessel hold(s) where product is stowed to be discharged with vessel’s own cranes, minimum capacity 25 MT SWL. Any time lost on account of the vessel crane(s) breaking down or requiring maintenance does not count as laytime or time on demurrage.

Opening and closing of hatches at loading ports shall be performed by the vessel’s crew at the Owner’s expense. The first opening and last closing of hatches at the discharge port shall be at the Owner’s expense. All other hatch operations at the discharge port for receiver’s risk and expense if vessel is not equipped with mechanical or hydraulic hatch covers, Owners are to provide or rain tents for all hatches.

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) Vessel will be fumigated with an Aluminum Phosphide preparation in-transit, in

accordance with USDA/FGIS Handbook revised July 10, 2020 and any

subsequent revisions to said handbook. At final loading port, commodity supplier

will arrange and pay for in-transit fumigation performed by a certified applicator.

Fumigation will be witnessed by FGIS, USDA, and the Aluminum Phosphide

preparation must be contained in packaging as described in the fumigation

handbook. Dust retainers must be used. For tweendeckers and bulk carriers

(Including push-mode ITB), the recirculation method of fumigation will be used.

Tween-deck vessels are acceptable only when a certified applicator state that

the vessel has been inspected and found to be suitable for in-transit fumigation.

The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for in transit fumigation shall be for Receiver’s time, risk, and expense.

At the discharge port and upon inspection by government inspectors, if cargo

and/or vessel is found to be infested and provided clean bill(s) of lading were

issued, fumigation costs if any are for owner's (vessel's) account.

20) Offers of only named vessels will be considered. No vessel substitution is permitted without LOLV37 /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 V37 , 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) Provisions for U.S. Flag vessels:

a) 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).

b) 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.

(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.

24) U.S. flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel’s costs prior to submission of offer.

25) 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.

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

For evaluation offerors to enter Ocean Transport charges basis Free Out Tema, Ghana.

27) If owners intend to lighten, offer to specify the cost of lightening, and whether action is full or partial lightening. If lightening is not performed at the discharge port and the

Vessel discharges at berth then the cost of lightening will be deducted from the ocean freight.

28) 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 receiver’s personnel, receiver’s contractor and/or due to contamination of the discharging and/or storage facilities at the discharge port of Tema, 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 receiver’s account and time.

29) LOL reserves the right to accept or reject all offers. Fixtures resulting from this tender are subject to approval by LOLV37 and USDA.

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

31) Otherwise all other terms and conditions as per Land O’Lakes Venture37. Charter Party Proforma.

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# 18-059B and 060B Ghana Tender

February 24, 2022

Freight Tender: BKA Logistics, Land O’Lakes Venture37 Bulk Soybean Meal to Ghana.