Uganda Award20-015B

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IFB# 20-015B Uganda Award

May 21, 2021

Award Notice IFB 20-015B

Award Date May 21, 2021

CRS Uganda, 5000717981 - Food for Progress

Cargo:  25,000 MT Min/Max Hard Red Winter Wheat in bulk

Combo:  6,800 MT HRW for TNS Kenya, Mombasa discharge

Laycan:  June 4-14, 2021

Loading:  1-2SB 1-2SP U.S. Gulf

Delivery:  1-2SB 1SP Mombasa, Kenya

Vessel:  MV Magnum Fortune, Liberia Flag SIDK Bulk Carrier Built 2009, IMO 9488970

Owner:  Sealift Holdings Inc.

Freight:  USD 78.08/MT basis 1SB 1SP Texas Gulf / FO 1SB GBHL Mombasa Premium(s), if applicable:

USD 50,000 for Beaumont

USD 25,000 for Corpus Christi

USD 35,000 for Mississippi River

USD 25,000 for LTG Houston (G-HOUS-LTG) USD 300,000  each additional load port USD 250,000  each additional load berth in excess of one per port USD 350,000 for 2nd DB Mombasa

Load Terms:  Per Tender Scale.

Discharge Terms:  Free Out at 3,000 MTPDPR PWWDSSHEX.EIU

Demurrage:

LP:  USD 28,000/HDPDPR

DP:  USD 14,000/HDPDPR

Laytime is non-reversible

IFB# 20-015B Uganda Tender Amendment

May 13, 2021

Freight Tender Amendment
Program: Food for Progress
Country: Uganda
Date: May 13, 2021
IFB Number: 20-015B / Amendment No. 1
WBSCM Commodity Solicitation Number 2000007788
WBSCM Freight Solicitation Number 2000007789

Freight tender issued May 12, 2021 by Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on behalf of Catholic Relief Services (CRS) for Up to approximately 25,000 metric tons Hard Red Winter Wheat (HRW) in bulk under the Food for Progress program is hereby amended as follows:

Closing date and time for freight offers is revised, now to read:
"Freight offers are due no later than 10:00 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) on May 18, 2021. Only firm offers will be accepted. All offers must remain valid through close of business U.S. Eastern time May 21, 2021. No phone offers or offers via e-mail will be accepted."

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER AMENDMENT

IFB# 20-015B Uganda Tender

May 12, 2021

Freight Tender

Program:  Food for Progress

Country:  Uganda

Date:  May 12, 2021

IFB Number:  20-015B

WBSCM Commodity Solicitation Number 2000007788

WBSCM Freight Solicitation Number 2000007789

Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on behalf of Catholic Relief Services (CRS), announces the following freight tender and requests offers of U.S. and non-U.S. flag geared vessels for the carriage of commodities under the Food for Progress program.

Cargo:  Up to approximately 25,000 metric tons Hard Red Winter Wheat (HRW) in bulk

WBSCM S.O.:  5000717981

Laycan:  June 4-14, 2021

Loading:  1-2SB, 1-2SP, All USA Port Ranges

Discharging:  1-2SB Each 1SP Mombasa, Kenya

Load Terms:   Scale Gross Load (see below)

Discharge:    Free Out with Demurrage/Despatch (details below)

Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender.  Contracted quantity will be on Min/Max basis.

SUBMISSION OF FREIGHT OFFERS:

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above.  All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein. 

Freight offers are due no later than 10:00 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) on May 17, 2021.  Only firm offers will be accepted.  All offers must remain valid through close of business U.S. Eastern time May 20, 2021.  No phone offers or offers via e-mail will be accepted.

Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday.  Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.

When submitting a freight proposal in WBSCM, the Carrier confirms their proposal is firm and in agreement with the terms and conditions of the freight solicitation(s).  In the event a Carrier submits a freight proposal and withdraws the proposal after USDA receives and awards the commodity offers, the Carrier shall be responsible for all expenses resulting from the withdrawal including, but not limited to, re-procurement costs and additional freight costs.

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

Carriers must be assigned an USDA eAuthentication logon ID and password to access the WBSCM system.  Contact the WBSCM Help Desk for information regarding logon IDs, passwords, and WBSCM system questions or concerns:

Telephone:  (877) 927-2648

E-mail:  WBSCM.ServiceDesk@caci.com

There have been significant changes to the Cargo Preference legislation.  Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.

For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load.  Pre-advice notice must be received at office of Muller Shipping Corp. prior to 1100 New York time on a regular business day to be considered received on that day.  If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.

Terms/Conditions:

1.  Vessel Restrictions:

- Non-U.S. flag vessels must be single-deck bulk grain carriers only and must not be older than fifteen (15) years.  Year of original construction, not rebuilt date, to govern.  U.S. flag vessels may be non-bulkers, but cargo to always be directly accessible by vessel cranes/grabs.  All vessel(s) to be classed highest Lloyds or equivalent.

- All vessels 15 years and older and all ocean-going barges must have all openings to cargo spaces and hatches' covers tightly sealed with tape or by other means to assure watertight integrity.  The sealing shall be done to the satisfaction of attending NCB surveyor as attested by a special survey.  Cost of sealing hatch covers/openings to cargo spaces as well as special survey fees shall be for vessel owner's account.  Special survey certificate shall in no way affect owner's liability and responsibilities toward the cargo.

- Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account.  Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.

- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and ends of tweendecks or other spaces which are not bleedable or directly accessible to grab discharge.  Time used for discharging from such places shall not count as Laytime or time on demurrage.

2.  Only clean offers of named vessels with full particulars will be considered.  Offerors are encouraged to include the following information:   Name of vessel and flag, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.

Vessel's itinerary from day of offer to first or sole discharge port under this tender is to be submitted with offer and be incorporated into the CP.

3.  Vessel Gear Requirements: 

Vessels must be capable of self-discharge with Vessel-supplied or Owner-supplied shoreside gear.  In addition to all necessary gear and equipment, Owners to provide at their expense all necessary motor power and fuel to operate all discharge equipment and support equipment and any necessary technicians.  Such discharge equipment shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.

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

4.  Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight for additional load/discharge ports, if used.  Freight rate quotations must provide breakdown of rates (as applicable) for:  a) Ocean transportation; b) Cost of lightening.

5.  The CRS HRW wheat covered by this freight must be fully segregated from any other cargoes carried by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick plywood dunnage boards with drilled holes in order to accept fumigation.  If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account.  Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.

Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality.  Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of cargoes covered by this IFB.  Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

6.  Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit and vessels that cannot be so fumigated will not be considered.  At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA.  Dust retainers must be used. For tweendeckers and bulk carriers (including push-mode ITB), the recirculation method of fumigation will be used.  Tween-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for in-transit fumigation and such written statement from certified applicator should be submitted with offer.

7.  Lightering at Disport:  The Owners are responsible for the performing Vessel to be of a suitable size and for arriving at discharge port and berth(s) with an acceptable safe arrival draft.  If Vessels' size or draft exceeds the acceptable safe arrival draft or size limitations, Owner to be fully responsible for any and all costs in reaching such safe draft and/or all costs for lightering the cargo into suitable size vessels.

In the event vessel has to lighten at disport whether full lightering or partial lightering, all lightering operations shall be at ship owner’s time, risk and expense. For all lightering (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry contracted cargo and that all winches/cranes are in good working order.  Laytime allowed, whether full or partial lightering, shall be based on the bill(s) of lading weight. In the event of partial lightering, vessel will not be considered ready until owners have arranged lightering and vessel has reached a safe draft for berthing.  All time lost before vessel reaches said draft is not to count as Laytime used.  Laytime is not to commence prior 0800 on the next working day following completion of lightering and presentation of valid notice of readiness.  In the event of full lightering Laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge and demurrage/despatch rate shall apply only to the daughter vessel(s).  Mother vessel (partial lightering) and daughter vessels (full or partial lightering) to take turns at discharge and time on second and subsequent vessels not to count until previous vessel completes discharge and has vacated the berth.

Any lighterage is to be accomplished within the territorial waters of the country of the named discharge port(s) unless otherwise approved by Charterers and USDA.

If owners intend to lighten, the offer should specify the cost of lightering, whether full or partial lightering.  If lightering is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightering cost from the ocean freight.

8.  Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS) and to provide same to Charterer’s agent immediately upon completion of loading.

9.  Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense.  Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments.  Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved surveyor.

10. Loading rate:

(a) Cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity.  The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours.  Sundays and holidays excepted, even if used.  Saturdays per BFC Saturday clause.

Vessel Contracted Quantity       Loading Guarantee

--------------------------------------------------

Bulk carriers:

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

10,000 - 19,999.99 MT            5,000 MT per day

20,000 - 29,999.99 MT            6,000 MT per day

30,000 - 39,999.99 MT            7,500 MT per day

40,000 - 49,999.99 MT           10,000 MT per day

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

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

LASH/SEABEE barges:  the load/discharge guarantees shall not apply.  No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.

(b) Demurrage/despatch is applicable at load and discharge port(s).  Owners are to specify demurrage/despatch rates in their offer, and rates quoted to be market related.  Despatch rates must be one-half of demurrage rates quoted.  LP / DP Laytime is non-reversible. 

(c) Laytime accounts are to be settled directly between owners and commodity supplier(s) at load port(s).  Laytime calculation, overtime and trimming to be in accordance to Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel.  Further, the following modifications to N.A.E.G.A. will apply:  anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place.  Under no circumstances shall Charterers or CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s).  Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.

(d) Discharge port Laytime accounts are to be settled directly between owners and Receivers.  Vessel owner is to prepare and submit signed discharge port Laytime statement to Receivers within ten (10) days of completion of discharge.  Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Muller Shipping Corporation, New York, Fax: 516-256-7701/email cargo@mullershipping.com.  Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the buyers.  Any/all disputes between vessel owners and the buyers arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.

Laytime between load port(s) and discharge port(s) is non-reversible

11. Discharge Terms:  Vessel to be discharged at One (1) to Two(2) Safe Berth(s), One (1) Safe Port, Mombasa, Kenya.  Receivers guarantee a 10-meter SWD and a maximum LOA of 200 meters at the discharge port.

Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 3,000 MT pro-rata per weather working day of 24 consecutive hours, Saturdays, Sundays and Holidays excluded even if used (PWWDSSHEX.EIU), on the basis of the bill of lading quantity (in tons of 2,204.6 pounds).

Time used for initial shifting into berth from anchorage or lay berth to discharge berth is considered as continuation of the voyage and time and expenses for same are for Owner’s account and not to count against Laytime.  Otherwise, all time and customary port expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for Buyers’ account and to count as Laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port, except if shifting is necessary due to vessel size, type or configuration, or as excluded per the terms of Clause 7 herein (Lighterage), in which case time shall not count and costs are for Owner’s account.  Notwithstanding any of the foregoing, cost of vessels crew and bunkers consumed by vessel are always for Owner’s account.

12. Notice of Readiness (NOR) at each discharge port to be delivered at the office of Receivers or Receiver’s Agent during normal office hours, between 0800 hours and 1700 hours Monday through Friday, (Saturday, Sundays and holidays excluded), whether vessel has been customs cleared or not (WCCON), whether vessel has been granted free pratique or not (WIFPON), whether vessel in is port or not (WIPON), whether vessel is in berth or not (WIBON), and with any and all required lightering completed.  Laytime to commence at discharge port at 0800 hours on the next working day after NOR has been tendered for that port in accordance with these provisions.  At vessel’s option, NOR may be tendered in writing by cable, telex, facsimile or email.  Furthermore, at the Vessel’s option, NOR may be tendered if the vessel is at anchorage waiting for berth.  All times local times.

13. If vessel nominated under this contract also discharges additional commodities (grain and/or oilseeds) at Mombasa, regardless of whether or not such commodities are covered by discharging rate guaranties, the following shall apply to the calculation of Laytime at Mombasa: 

(a) For commodities discharged at the same berth: 

The "time allowed" shall be arrived at by dividing the tonnage loaded under this contract by the daily rate stipulated in Clause 11 above. A calculation of "total time used" for all the commodities discharged at the berth shall be made, in which any such time in excess of the "time allowed" shall be computed as time on demurrage.  The "total time used" shall then be pro-rated to the tonnage loaded under this contract.  The "time allowed" shall be deducted from this pro-rated figure to arrive at the time on demurrage or time saved under this contract. 

(b) If the commodities other than those under this contract are discharged at (an)other berth(s) in Mombasa: 

The waiting time ("waiting time") at the first berth shall be pro-rated among all the contracts for the commodities to be discharged from the vessel at Mombasa. 

The time spent at the first berth ("berth time") shall be pro-rated among the contracts discharged at the first berth.

The waiting time at the second berth shall be pro-rated among all remaining contracts for the commodities yet to be discharged from the vessel. 

The berth time at the second berth shall be pro-rated among the contracts discharged at the second berth. 

Waiting time and berth time for berths subsequent to the second berth shall be treated in a similar manner as for the second berth.

For any berth after first, waiting time shall cease and berth time begin when pilot is on board and vessel lifts anchor in order to proceed to the discharge berth.

Berth time shall cease when discharging is completed at that berth and waiting time shall begin when vessel drops anchor in waiting area after having sailed from berth.

If no waiting time is involved between berths, berth time at the next berth shall begin when vessel sails from the previous berth.

If between the time that the vessel is ordered into a berth and the time of completion of discharging at that berth, the vessel is ordered into one or more other berths, subsequently incurred waiting time at this (these) other berth(s) shall not count.

14. Charterers/Receivers reserve the right to nominate agents at the discharge port(s) to be appointed by Owners, with agency fees for Owner’s account, but not to exceed customary applicable fees.  Nominated agents: TBD

15. Ship owners and/or their agents to release original and non-negotiable bills of lading to Charterer immediately upon completion of loading and without any undue delays, and in any case not later than the second regular business day after loading is completed.  Bills of lading to be marked “Freight Payable as per Governing Charter Party” and may be required to be “To Order”.  Bills of Lading must have issued date and On-Board date not later than June 30, 2021.  Port names must also be described in accordance with letter of credit, expected to be as stated above.

16. Transshipment is not permitted.

17. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation by the cooperating sponsor of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 27.  Freight payment will be made through WBSCM.  In event owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight

18. Provisions applicable to U.S. Flag vessels

(a) U.S. Flag approved freight rates will be reduced to a level not higher than Maritime Administration fair and reasonable rate in the event that originally approved vessel is substituted by a lower cost vessel (including tug and/or barge).

(b) For U.S. Flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.

(c) U.S. Flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel costs prior to submission of the offer.

(d) U.S. Flag vessels which require approval from the Maritime Administration to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issues must obtain such MARAD approval prior to submission of bids.

(e) One way rates must be quoted in addition to round trip rates for non-liner U.S. Flag vessels whose date of original construction exceeds fifteen years from date of fixture.

19. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.

20. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement, and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.

21. Owners must guarantee that the performing vessel fully complies with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will remain compliant for the entirety of her employment under this charter party.  Upon request, Owners are to provide Charterers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code, or other evidence satisfactory to Charterers.  Owners are to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM and/or ISPS code(s).  Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract.  Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.

22. Sub-standard vessels and operators:  Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)), establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (Preference) cargo(es) for up to one year after such substandard determination has been published electronically.  As the cargo advertised in this IFB is a government impelled (Preference) cargo, offerors must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (Preference) cargo(es).

23. Owners warrant that vessel offered is free from any liens and/or encumbrances.

24. Substitution of Vessel is not permitted without Charterers-USDA prior approval.  Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.

All vessel substitutions must be vetted through the USDA/Foreign Agricultural Service. The proposed substitute vessel must be of the same service category as the originally awarded vessel. This applies to both U.S. and foreign flag vessel substitutions. The proposed substitute vessel must also appear on the applicable Maritime Administration U.S. or foreign flag vessel list which can be accessed using the following URL:  http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…

25. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's Agent / Freight Forwarder, LifeLink Logistics.

26. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.

27. All other terms and conditions as per Proforma Charter Party, available upon request.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER