Ethiopia Award19-055B
19-055B Ethiopia Award
March 23, 2023
AWARD NOTICE for TechnoServe Inc. Freight IFB 19-055B IFB22-009B
On behalf of TechnoServe Inc., Charterer, BKA Logistics is pleased to announce the following freight awards for 47,860 MT Hard Red Winter Wheat to Dar Es Salaam, Tanzania and Mombasa, Kenya.
- 23,000 MT HRW Wheat to Dar Es Salaam , Tanzania
Vessel SLNC SEVERN , US Flag ( IFB22-009B)
Charter Party Date March 22, 2023
Owners: Schuyler Line Navigation Co. LLC,
Vessel Name: MV SLNC SEVERN
Described as: Geared Bulk Carrier; Flag USA; Built January 2017; IMO#9629988
DWT 57,887.54 MT on 13.02 M SSW Draft; LOA 189.99 M; Beam 32.26 M
5 Holds / 5 Hatches; Hydraulic- folding hatch covers.
Grain Cubic Capacity 73,745.00 CBM; Cranes 4 x 35 MT electro- hydraulic cranes
All details about.
Cargo: 23,000 Metric Tons, as part cargo, of Hard Red Winter Wheat in bulk.
Vessel shall also be transporting 9,920 MT HRW Wheat in Bulk and 15,080 MT HRW Wheat in Bulk for Winrock International for Mombasa, Kenya under separate Charter Party.
Total Cargo will be 48,000 Metric Tons of Hard Red Winter Wheat (HRW) in Bulk.
Any additional cargoes / completion cargoes shall be subject to Charterer and USDA approval in accordance with the Freight IFB.
Commingling of TechnoServe and Winrock cargoes is permitted provided cargoes are of the same grade, same quality and same supplier/terminal and cargo. Otherwise separation of cargo as per Freight IFB terms.
Laydays: April 10-20, 2023
Load port: 1 to 2 safe berth(s), 1 to 2 safe U.S. Gulf port(s). Intention is Cargill, Houston, TX (G-HOUS-CAR) to be reconfirmed at time of receiving the 14 days Pre-Advice Notice of vessel ETA load port.
Loading terms: As per IFB at the average rate of 10,000 MT per WWDSSHEX EIU.
Discharge port: 1 safe berth Dar Es Salaam, Tanzania. Details per IFB Terms.
Discharging terms: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,000 MT per WWDSSHEX EIU), on the basis of the Bill of Lading quantity. Further discharge terms in accordance with the IFB.
Freight Rate: Basis total cargo of 48,000 Metric Tons the Ocean Freight Rate is:
USD 143.50 Per Metric Ton.
Ocean freight rate is basis One Safe Load port / One Safe Load berth (G-HOUS-CAR) to One Safe Discharge berth, Dar Es Salaam, Tanzania.
Demurrage/Despatch:
At load port USD 40,000.00 PDPR / Despatch USD 20,000.00 PDPR.
At discharge port USD 40,000.00 PDPR / Despatch USD 20,000.00 PDPR.
Otherwise as per terms and conditions of TECHNOSERVE INC. Freight Retender
IFB No. 22-009B dated March 10, 2023, and TECHNOSERVE Charter Party Proforma.
End.
- 24,860 MT HRW Wheat for Mombasa Kenya and Dar Es Salaam, Tanzania
Vessel MV ILIANA or substitute , Flag Liberia – IFB19-055B & IFB22-009B
Charter Party Date March 22, 2023
Owners: Universal Navigation Pte. Ltd.,
Vessel Name: MV ILIANA or Substitute
Described as: Geared Bulk Carrier; Flag Liberia; Built 2010; Class NKK.
DWT 58,018 MT on 12.95 M SSW Draft; LOA 189.99 M; Beam 32.26 M
5 Holds / 5 Hatches; 4 X 36 MT Cranes, Speed about 13.5 Knots.
All details about.
Cargo: 24,860 Metric Tons, as part cargo, of Hard Red Winter Wheat in bulk basis 14,500 MTs to Dar Es Salaam, Tanzania and 10,360 MTs to Mombasa, Kenya.
Vessel shall also be transporting 9,000 MT NS/DNS Wheat in Bulk for Winrock International for Mombasa, Kenya and 6,760 MT of Hard Red Winter Wheat for CRS to Mombasa, Kenya under separate Charter Parties. Total Cargo will be 40,620 MT Metric Tons of Wheat in Bulk (31,620 MT HRW and 9,000 MT NS/DNS Wheat).
Any additional cargoes / completion cargoes shall be subject to Charterer and USDA approval, in accordance with the Freight IFB.
Commingling of TechnoServe and CRS Hard Red Winter Wheat cargoes is permitted provided cargoes are of the same grade, same quality and same supplier/terminal and cargo. Winrock NS/DNS wheat must be separated. Otherwise, separation of cargo as per Freight IFB terms.
Laydays: April 10-20, 2023
Load port: 1 to 2 safe berth(s), 1 to 2 safe U.S. Gulf port(s). Intention is Cargill, Houston, TX (G-HOUS-CAR) to be reconfirmed at time of receiving the 14 days Pre-Advice Notice of vessel ETA load port.
Loading terms: As per IFB at the average rate of 10,000 MT per WWDSSHEX EIU.
Discharge port: 1 safe berth each, two safe ports Mombasa, Kenya and Dar Es Salaam, Tanzania. Further details per IFB.
Discharging terms:
a) At Mombasa Kenya: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 5,000 MT per WWDSSHEX EIU, on the basis of the Bill of Lading quantity.
b) At Dar Es Salaam, Tanzania: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,000 MT per WWDSSHEX EIU, on the basis of the Bill of Lading quantity.
Further discharge terms in accordance with the IFB.
Freight Rate: Basis total cargo of 40,620 Metric Tons the Ocean Freight Rate is:
For TNS 10,360 MT HRW Mombasa Discharge: USD 61.41 PMT.
For TNS 14,500 MT HRW to Dar Es Salaam Discharge: Total USD 70.17 PMT.
Ocean freight rate is basis One Safe Load port / One Safe Load berth (G-HOUS-CAR) to One Safe Discharge Berth each, Mombasa and Dar Es Salaam, Tanzania.
Additional Premiums:
For each additional Load berth, if used, add lumpsum USD 100,000.00 if any of the 40,620 MT is loaded at an additional load berth.
For each additional Load port, if used, add lumpsum USD 200,000.00 if any of the 40,620 MT is loaded at an additional load port.
If second discharge berth used in Mombasa for any of the cargo covered by this fixture and approved part cargoes shown above, a lumpsum premium of USD 20,000.00 to be pro-rated amongst all cargoes discharging Mombasa.
For second discharge berth Dar es Salaam, if used, add lumpsum USD 20,000.00, if any of the Technoserve Dar es Salaam cargo is discharged at a 2nd discharge berth.
Demurrage/Despatch:
At load port USD 20,000.00 PDPR / Despatch USD 10,000.00 PDPR
At discharge port Mombasa USD 20,000.00 PDPR / Despatch USD 10,000.00 PDPR
At discharge port Dar Es Salaam USD 20,000.00 PDPR/ Despatch USD 10,000.00 PDPR
Otherwise as per terms and conditions of TECHNOSERVE INC. Freight Retender
IFB No. 19-055B and IFB No. 22-009B dated March 10, 2023, and TECHNOSERVE Charter Party Proforma.
End.
19-055B Ethiopia Re-Tender
March 10, 2023
Freight Re-Tender: Techno Serve Inc. Bulk Wheat, East Africa Region
IFB No.19-055B and IFB No. 22-009B
Date: March 10, 2023
BKA Logistics LLC., for and on behalf of Techno Serve Inc. (hereafter TNS), requests
firm offers of U.S. and non-U.S. flag vessels for the carriage of wheat in bulk, under the
Food for Progress program on the following basis:
BKA Ref: F23-0026
IFB No: 19-055B
Sales Order for 5,000 MT HRW Wheat 5000818887
Agreement No: FCC-663-2019/021-00
BKA Ref: F23-0024 and F23-0025
IFB No: 22-009B
Sales Order for 37,500 MT HRW Wheat 5000818884
Sales Order for 5,500 MT HRW Wheat 5000818885
Agreement No: FCC-695-2022/011-00
Commodity Solicitation No. 2000009177
Freight Solicitation No. 2000009178
Freight offers are due via the WBSCM no later than 1000 hours CDT (1100 hours EDT)
March 15, 2023.
Freight offers are to remain valid until 1700 hours EDT March 17, 2023.
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 aforementioned
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.
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
For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, One safe berth each Mombasa, Kenya and /or Dar Es Salaam, Tanzania at charterer’s option, plus enter any additional premium for second discharge port if used.
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
Cargo:
A) BKA Ref: F23-0026 – 5,000 MT Bulk HRW Wheat to Mombasa, Kenya, Receiver Bakhresa Grain Milling
B) BKA Ref: F23-0025 – 5,500 MT Bulk HRW Wheat to Mombasa, Kenya, Receiver Bakhresa Grain Milling.
C) BKA Ref: F23-0024 – 37,500 MT Bulk HRW Wheat to Dar Es Salaam, Tanzania, Receiver Said Salim Bakhresa & Co. Ltd.
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 TechnoServe Inc. cargo in combination with CRS 7,000 Bulk HRW Wheat and Winrock cargoes of 25,000 MT Bulk HRW Wheat and 15,000 MT Bulk NS/DNS Wheat, which are under separate freight tenders but within the same laydays.
NB: TechnoServe Inc. Bulk HRW wheat, CRS Bulk HRW wheat and Winrock Bulk HRW wheat can be commingled provided they are of the same grade, same quality, and same supplier/load terminal. Winrock ND/DNS wheat cannot be commingled.
If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to TNS’s cargo, and must be detailed in offer or approved by TNS/USDA if contracted after fixture of TNS cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by TNS/USDA in approval of such part cargo(es) in order not to unduly impede delivery of TNS’s cargo to discharge port(s).
Other than as stated above in commingling of TNS and CRS cargoes - any completion cargoes, even if same grade and quality of TNS 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 for wheat only. 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), and separation plan pre-presented and pre-approved by the Mombasa port and terminal authorities in writing, all at Owner’s time, risk and expense.
2) Laydays: April 10-20, 2023. 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, Email: justin.martinek@usda.gov
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: 1 safe berth each, one or two safe port(s) Mombasa, Kenya and/or Dar Es Salaam, Tanzania. Charterer’s receivers at each discharge port, as guidance only and without guarantee indicate that the assigned discharge berth will have a maximum SWAD of 10.5 meters and maximum LOA of 190 meters. All time lost and all extra expenses resulting form vessel’s LOA exceeding 190 meters or vessel’s arrival draft exceeding 10.5 meters SWAD are for the account of the vessel Owner.
Owners are fully responsible for vessel arriving at the discharge port(s) and receiver’s berth within the allowable draft and LOA restriction. Lightening is permitted at vessel Owner’s time, risk and expense. Lightening, (if applicable), to be performed in the territorial waters of the country of the discharge port. Lightening daughter vessel must be single deck bulk carriers meeting port’s vessel restrictions. If the cargo is lightened using vacuvators from mother vessel to daughter vessels, vacuvators cannot be used again to discharge the daughter vessel(s). Daughter vessel must be classed highest in Lloyds or equivalent and certified fit for receipt and carriage of bulk cargo under the 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, after completion of lightening operations applicable to that 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. Time not to count if daughter vessel(s) are waiting for berth due to berth being occupied. Only one set of time to count which is either the mother or daughter ship. Any cargo shortage to be for ship owner’s account. Vessel owner is solely responsible for cargo condition throughout the lightening operation and delivery to receivers at the port facility.
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.
The bulk cargo shall not be loaded into deeptanks, bunker and bridge spaces, wing spaces or ends of tweendecks or other intervening spaces where cargo cannot bleed into centerholds where cargo is directly accessible to grab discharge. Any time used for discharge the cargo from such places shall not count as laytime or time on demurrage.
7) Discharging terms:
a) At Mombasa Kenya:
Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 5,000 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 official holidays (as per BIMCO holiday calendar) excluded, 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 hrs local time Monday (or day after an official holiday) shall not count against laytime, even if used.
b) At Dar Es Salaam, Tanzania:
Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,000 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 official holidays (as per BIMCO holiday calendar) excluded, 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 hrs local time Monday (or day after an official 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 official Holidays), whether vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not (WIFPON); whether vessel is in port or not (WIPON); whether 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.
Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 hours (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 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. 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 vessel Owner’s account.
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 0800 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.
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 Owner’s vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine 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, unless vessel already on demurrage. Once on demurrage always on demurrage.
If there is more than one receiver at said discharge port or berth, then the laytime will commence for first receiver at 0800 hours local time next working day after the Notice of Readiness is tendered by vessel. Laytime will commence at 0800 hours next working day for the next or subsequent receivers after the first / prior receiver cargo has completed discharge, always basis Weather Working Day SSHEX EIU.
In the event Buyers/ Receivers are discharging simultaneously then the time used shall be prorated in accordance with the Bill of Lading weights.
For each receiver 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. 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. 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 Buyer/Receiver and Vessel Owner. Neither Charterer (TechnoServe Inc.) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch. Any disputes in settlement of laytime issues between 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: US Flag Bulk Carriers including ITB/ ATB, Tween/Multi deckers will be considered. Tankers and tow tug/ barges are prohibited. For Non- US Flag vessels only geared 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 Buyer/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:
US Flag vessels may be non-geared and/or non-bulkers. In case US or non US Flag vessel/barge is not equipped with jib cranes of minimum 25 Metric Tons 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. Any time lost as a result of:
1)Shore crane(s) not being immediately available upon vessel arrival at the discharge port and/or 2) the initial setup of the shore crane(s) and /or 3) Breakdown or maintenance of the shore rane(s) does not count as laytime or time on demurrage.
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 Metric Tons 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.
Non-geared US flag vessels will be required to furnish all necessary discharge equipment to maintain the guaranteed discharge rate, at owner’s expense, and provide all necessary operators and technicians for the equipment provided.
Any time lost as a result of breakdown of Owner provided gear and or discharge equipment (including vacuvators) to be excluded from laytime used.
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.
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 dues and/or taxes and disbursements on the vessel (including normal port dues and services and facilities charges) to be for vessel 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. Vessels that cannot be so fumigated will not be considered. At final
loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tweendeckers and 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.
USDA FAS Notice to the Trade titled “Cargo Fumigation Requirements”, Dated February 16, 2023, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo https://procurement.usaid.gov/node/8123
The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s account and time used to count as laytime.
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 TechnoServe Inc. /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, 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) 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.
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 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.
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 each Mombasa, Kenya and /or Dar Es Salaam, Tanzania at charterer’s option, plus enter any additional premium for second discharge port if used.
28) 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.
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 receiver’s personnel, receiver’s contractor and/or due to contamination of the discharging and/or storage facilities at port Mombasa, 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/receiver’s account and time.
30) TNS reserves the right to accept or reject all offers.
31) Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to BKA Logistics LLC.
32) Otherwise subject to terms and conditions of TechnoServe Inc. Charter Party Proforma.
33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CDT USA on March 15, 2023. Only offers which are responsive to this IFB(s) will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hours EDT March 17, 2023. Fixtures resulting from this tender are subject to approval by TNS 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
19-055B Ethiopia Tender
March 1, 2023
Freight Tender: Techno Serve Inc. Bulk Wheat, East Africa Region
IFB No.19-055B and IFB No. 22-009B
Date: March 1, 2023
BKA Logistics LLC., for and on behalf of TechnoServe Inc. (hereafter TNS), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of wheat in bulk, under the Food for Progress program on the following basis:
BKA Ref: F23-0026
IFB No: 19-055B
Sales Order for 5,000 MT HRW Wheat 5000818887
Agreement No: FCC-663-2019/021-00
BKA Ref: F23-0024 and F23-0025
IFB No: 22-009B
Sales Order for 37,500 MT HRW Wheat 5000818884
Sales Order for 5,500 MT HRW Wheat 5000818885
Agreement No: FCC-695-2022/011-00
Commodity Solicitation No. 2000009155
Freight Solicitation No. 2000009156
Freight offers are due via the WBSCM no later than 1000 hours Central Time (1100 hours ET) March 8, 2023.
Freight offers are to remain valid until 1700 hours ET March 10, 2023.
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.
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
For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, One safe berth each Mombasa, Kenya and /or Dar Es Salaam, Tanzania at charterer’s option, plus enter any additional premium for second discharge port if used.
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
Cargo:
- BKA Ref: F23-0026 – 5,000 MT Bulk HRW Wheat to Mombasa, Kenya, Receiver Bakhresa Grain Milling
- BKA Ref: F23-0025 – 5,500 MT Bulk HRW Wheat to Mombasa, Kenya, Receiver Bakhresa Grain Milling.
- BKA Ref: F23-0024 – 37,500 MT Bulk HRW Wheat to Dar Es Salaam, Tanzania, Receiver Said Salim Bakhresa & Co. Ltd.
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 TechnoServe Inc. cargo in combination with CRS 7,000 Bulk HRW Wheat and Winrock cargoes of 25,000 MT Bulk HRW Wheat and 15,000 MT Bulk NS/DNS Wheat, which are under separate freight tenders but within the same laydays.
NB: TechnoServe Inc. Bulk HRW wheat and CRS Bulk HRW wheat can be commingled provided they are of the same grade, same quality, and same supplier/load terminal. Winrock wheat cannot be commingled.
If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to TNS’s cargo, and must be detailed in offer or approved by TNS/USDA if contracted after fixture of TNS cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by TNS/USDA in approval of such part cargo(es) in order not to unduly impede delivery of TNS’s cargo to discharge port(s).
Other than as stated above in commingling of TNS and CRS cargoes - any completion cargoes, even if same grade and quality of TNS 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 for wheat only. 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), and separation plan pre-presented and pre-approved by the Mombasa port and terminal authorities in writing, all at Owner’s time, risk and expense.
2) Laydays: April 10-20, 2023. 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, Email: justin.martinek@usda.gov
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: 1 safe berth each, one or two safe port(s) Mombasa, Kenya and/or Dar Es Salaam, Tanzania. Charterer’s receivers at each discharge port, as guidance only and without guarantee indicate that the assigned discharge berth will have a maximum SWAD of 10.5 meters and maximum LOA of 190 meters. All time lost and all extra expenses resulting form vessel’s LOA exceeding 190 meters or vessel’s arrival draft exceeding 10.5 meters SWAD are for the account of the vessel Owner.
Owners are fully responsible for vessel arriving at the discharge port(s) and receiver’s berth within the allowable draft and LOA restriction. Lightening is permitted at vessel Owner’s time, risk and expense. Lightening, (if applicable), to be performed in the territorial waters of the country of the discharge port. Lightening daughter vessel must be single deck bulk carriers meeting port’s vessel restrictions. If the cargo is lightened using vacuvators from mother vessel to daughter vessels, vacuvators cannot be used again to discharge the daughter vessel(s). Daughter vessel must be classed highest in Lloyds or equivalent and certified fit for receipt and carriage of bulk cargo under the 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, after completion of lightening operations applicable to that 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. Time not to count if daughter vessel(s) are waiting for berth due to berth being occupied. Only one set of time to count which is either the mother or daughter ship. Any cargo shortage to be for ship owner’s account. Vessel owner is solely responsible for cargo condition throughout the lightening operation and delivery to receivers at the port facility.
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.
The bulk cargo shall not be loaded into deeptanks, bunker and bridge spaces, wing spaces or ends of tweendecks or other intervening spaces where cargo cannot bleed into centerholds where cargo is directly accessible to grab discharge. Any time used for discharge the cargo from such places shall not count as laytime or time on demurrage.
7) Discharging terms:
a) At Mombasa Kenya:
Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 5,000 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 official holidays (as per BIMCO holiday calendar) excluded, 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 hrs local time Monday (or day after an official holiday) shall not count against laytime, even if used.
b) At Dar Es Salaam, Tanzania:
Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 3,000 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 official holidays (as per BIMCO holiday calendar) excluded, 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 hrs local time Monday (or day after an official 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 official Holidays), whether vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not (WIFPON); whether vessel is in port or not (WIPON); whether 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.
Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 hours (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 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. 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 vessel Owner’s account.
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 0800 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.
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 Owner’s vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine 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, unless vessel already on demurrage. Once on demurrage always on demurrage.
If there is more than one receiver at said discharge port or berth, then the laytime will commence for first receiver at 0800 hours local time next working day after the Notice of Readiness is tendered by vessel. Laytime will commence at 0800 hours next working day for the next or subsequent receivers after the first / prior receiver cargo has completed discharge, always basis Weather Working Day SSHEX EIU.
In the event Buyers/ Receivers are discharging simultaneously then the time used shall be prorated in accordance with the Bill of Lading weights.
For each receiver 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. 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. 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 Buyer/Receiver and Vessel Owner. Neither Charterer (TechnoServe Inc.) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch. Any disputes in settlement of laytime issues between 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: US Flag Bulk Carriers including ITB/ ATB, Tween/Multi deckers will be considered. Tankers and tow tug/ barges are prohibited. For Non- US Flag vessels only geared 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 Buyer/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:
US Flag vessels may be non-geared and/or non-bulkers. In case US or non US Flag vessel/barge is not equipped with jib cranes of minimum 25 Metric Tons 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. Any time lost as a result of:
1)Shore crane(s) not being immediately available upon vessel arrival at the discharge port and/or 2) the initial setup of the shore crane(s) and /or 3) Breakdown or maintenance of the shore rane(s) does not count as laytime or time on demurrage.
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 Metric Tons 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.
Non-geared US flag vessels will be required to furnish all necessary discharge equipment to maintain the guaranteed discharge rate, at owner’s expense, and provide all necessary operators and technicians for the equipment provided.
Any time lost as a result of breakdown of Owner provided gear and or discharge equipment (including vacuvators) to be excluded from laytime used.
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.
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 dues and/or taxes and disbursements on the vessel (including normal port dues and services and facilities charges) to be for vessel 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. Vessels that cannot be so fumigated will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tweendeckers and 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.
USDA FAS Notice to the Trade titled “Cargo Fumigation Requirements”, Dated February 16, 2023, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo https://procurement.usaid.gov/node/8123
The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s account and time used to count as laytime.
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 TechnoServe Inc. /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, 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) 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.
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 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.
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 each Mombasa, Kenya and /or Dar Es Salaam, Tanzania at charterer’s option, plus enter any additional premium for second discharge port if used.
28) 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.
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 receiver’s personnel, receiver’s contractor and/or due to contamination of the discharging and/or storage facilities at port Mombasa, 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/receiver’s account and time.
30) TNS reserves the right to accept or reject all offers.
31) Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to BKA Logistics LLC.
32) Otherwise subject to terms and conditions of TechnoServe Inc. Charter Party Proforma.
33) Offers to be submitted electronically through the WBSCM no later than 1000 hours Central Time USA on March 8, 2023. Only offers which are responsive to this IFB(s) will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hours ET March 10, 2023. Fixtures resulting from this tender are subject to approval by TNS 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.
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