Bangladesh Award20-018B

IFB #:
20-018B
Tender Date:
Award Date:
Award Flag:
---
PVO:
Land O'Lakes
Agent:
BKA Logistics
Program:
Food for Progress

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

IFB# 20-018B Bangladesh Award

July 6

, 2021

AWARD NOTICE    LAND O’LAKES VENTURE 37. BANGLADESH FFP – BULK YELLOW SOYBEANS

FREIGHT RETENDER IFB20-018B DATED JUNE 28, 2021; BKA REF: F21-0050

ON BEHALF OF LAND O’LAKES, (LOL) CHARTERER, BKA LOGISTICS IS PLEASED TO CONFIRM THAT THE FOLLOWING AWARD HAS BEEN MADE AGAINST THE REFERRED FREIGHT IFB 20-018B:

CHARTER PARTY DATE JUY 6 2021

OWNERS: WESTPORT MARITIME LLC.

VESSEL NAME:  MV TANTA T. -   IMO # 9497086

DESCRIBED AS: SINGLE DECK BULK CARRIER; FLAG: MARSHALL ISLAND; BUILT 2011

DWT: 32,500 MT ON 10.20 MT; LOA: 177.4 M; BEAM: 28.20 M; GT:20218 / NT 11367

GRAIN: 42,361 CbM ; GEAR 4 CRANES x 30 T EACH. CO2/ELVENT.

LAND O’LAKES CARGO TO BE THE FIRST PORT OF DISCHARGE AFTER VESSEL COMPLETES LOADING AND SAILS FROM THE U.S. LOAD PORT(S).

CARGO: 18,000 METRIC TONS OF BULK YELLOW SOYBEANS AS PART CARGO.

VESSEL WILL ALSO BE CARRYING 7,000 MT BULK YELLOW SOYBEANS FOR WINROCK INTERNATIONAL TO BANGLADESH UNDER A SEPARATE CHARTER PARTY.

TOTAL CARGO OF 25,000 MT BULK YELLOW SOYBEANS.

ANY ADDITIONAL CARGO SUBJECT CHARTERER AND USDA APPROVAL

LOAD PORT:  1 SAFE BERTH, 1 SAFE U.S. GULF, (INTENTION IS GULF – NO-AMA-ADM)                     , TO BE RECONFIRMED ON RECEIVING THE 14 DAY VESSEL PREADVICE NOTICE)

LAYDAYS:  AUGUST 5-15. 2021

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

LOADING TERMS:  CARGO TO BE LOADED AT THE AVERAGE RATE OF 6,000 MT PER WWDSSHEX EIU. ANY STOWING AND / OR TRIMMING TO BE FOR OWNER’S ACCOUNT.

DISCHARGE PORT: TWO SAFE ANCHORAGES, ONE SAFE BERTH, ONE SAFE PORT CHITTAGONG, BANGLADESH. 

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 PRO-RATA FOR SINGLE DECK BULK CARRIERS PER WORKING DAY OF 24 CONSECUTIVE HOURS, FRIDAY’S AND HOLIDAYS EXCLUDED       EVEN IF USED (PWWD FHEXEIU), ON THE BASIS OF THE BILL OF LADING QUANTITY (IN TONS OF 2,204.6 POUNDS). TIME FROM 1700 HOURS LOCAL TIME THURSDAY (OR ON A DAY PRECEDING A HOLIDAY) THROUGH 0800 HOURS LOCAL TIME SUNDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. ALL TIMES LOCAL TIMES.

FREIGHT RATE: BASIS TOTAL 25,000 MT

OCEAN FREIGHT RATE FOR 18,000 MT BULK YELLOW SOYBEANS: US$125.29 PMT PLUS LOAD PORT PREMIUM FOR G-NO-AMA-A OF US$6.00 PMT FOR A TOTAL OF US$131.29 PMT BASIS ONE SAFE LOAD BERTH /ONE SAFE LOAD PORT (G-NO-AMA-A) TO TWO SAFE ANCHORAGES, ONE SAFE BERTH, ONE SAFE PORT CHITTAGONG, BANGLADESH.

ADDITIONAL PREMIUMS;

FOR EACH ADDITIONAL LOAD PORT IF USED, ADD US$250,000.00 LUMPSUM.

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

DEMURRAGE/ DESPATCH:  BASIS PER DAY PRORATA (PDPR)

DEMURRAGE / DESPATCH AT LOAD PORT US$38,000.00 / DESPATCH US$19,000.00.

DEMURRAGE / DESPATCH AT DISCHARGE PORT US$38,000.00 / DESPATCH US$19,000.00

OTHERWISE AS PER TERMS AND CONDITIONS OF LAND O’LAKES FREIGHT RETENDER

IFB 20-018B DATED JUNE 28, 2021 AND LAND O’LAKES VENTURE 37 CHARTER PARTY PROFORMA.

END OF FIXTURE RECAP

IFB# 20-018B Bangladesh Re-Tender

June 28

, 2021

Freight ReTender: BKA Logistics, Land O’Lakes V37 Bulk Soybeans to Bangladesh.

IFB No.:20-018B

Date: June 28, 2021

BKA Logistics LLC., for and on behalf of Land O’Lakes Venture 37 (hereafter LOL), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybeans in bulk, under the Food for Progress program on the following basis:

BKA Ref: F21-0050

IFB No.: 20-018B

Sales Order No.: 5000721166

Commodity Solicitation No.: 2000007881

Freight Solicitation No.: 2000007882

Agreement No.: FCC-388-2020/003-00

Freight offers are due no later than 1000 hours CDT (1100 hours EDT) July 01, 2021. Freight offers are to remain valid until 1700 hours EDT July 02, 2021.

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

Submission of freight offers:

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

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

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

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

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

All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, at two safe anchorages, one safe berth, one safe port Chittagong, Bangladesh.

Freight payment: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:

BKA Logistics LLC – Email:

mark.millard@bkalogistics.net or rsingh@bkalogistics.net

1) Cargo: 18,000 MT of bulk Soybeans (BKA Ref F21-0050)

Offerors are encouraged to offer the Land O’Lakes cargo in combination with Winrock International cargo of 7,000 MT bulk Soybeans to Bangladesh issued under a separate

2

freight IFB. The two soybean cargoes of LOL and Winrock can be commingled, provided they are of the same grade and quality, loaded by the same supplier, at the same load terminal under the same purchase order.

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.

Further Offerors are encouraged to offer Land O’Lakes cargo in combination with other USDA FAS and/or USAID Title II cargoes within the same laydays that maybe in the market under separate IFBs. But same completion cargoes must be duly separated as stated below.

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

Other than the Winrock International cargo, any such completion cargoes, even if same grade and quality of LOL cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s time, risk and expense. If Kobe separation used, Owner must construct the separation so that fumigation of the cargo is effective and the separation/ stowage must be approved by the National Cargo Bureau (NCB), all at Owner’s time, risk and expense.

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

2) Laydays: August 5-15, 2021. 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:

Julie.stephen@usda/gov and 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.

3

5) Discharge port: Two safe anchorages, One safe berth, One safe port Chittagong, Bangladesh. Vessels arriving over 10.5 m draft must proceed to anchorage Kutubdia. Once 10.5 m draft is reached vessel may be shifted to inner anchorage and the balance discharge is completed. In the event vessel arrives less than 10.5 m they may be able to proceed direct to the inner anchorage and discharge basis one to two inner anchorage points. Time used for initial shifting into inner anchorage from outer anchorage shall not count as laytime, with shifting expenses for Owner’s account. All other shifting at anchorage for owner’s account and to count as laytime. In case vessel directly proceeds in to Inner anchorage by skipping outer anchorage (Kutubdia), one shifting between Inner anchorages (if any) shall not count as laytime and expenses for owner’s account.

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 beans 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 of the cargo from such places shall not count as laytime or time on demurrage.

7) Discharging terms: Cargo to be discharged free of risk and expense to the vessel (free out discharge) at the average rate of 3,000 mt pro-rata for single deck bulk

4

carriers and 1000 mt for Tween/Multi decker per working day of 24 consecutive hours, Friday’s and Holidays excluded even if used (PWWD FHEXEIU), on the basis of the Bill of Lading quantity (in tons of 2,204.6 pounds). Time from 1700 hours local time Thursday (or on a day preceding a holiday) through 0800 hours local time Sunday (or day after holiday) shall not count against laytime, even if used. All times local times.

Notice of Readiness (NOR) at discharge port to be delivered at the office of Receivers or Receiver’s agent during normal office hours, between 0900 hours and 1700 hours Sunday through Thursday, (Fridays, Saturdays 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 each 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 I ii the vessel is at anchorage waiting for berth. All times local times.

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, which is not to exceed usual and customary levels.

11) The ocean carrier shall release up to four sets of clean on board ocean Bills of Lading, marked "Freight Payable as per Governing Charter Party" and "TO ORDER" 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.

5

14) Laytime Calculations and Settlement of Demurrage/Despatch at discharge port. Demurrage/despatch rates are determined per the relevant Charter Party. Laytime calculations and settlement of demurrage and despatch will be directly between Receivers, Agrocorp International Pte, Ltd. Singapore and Vessel Owner. Neither Charterers (Land O’Lakes Venture37) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. To the extent that the Charterers’ participating in such settlement discussions between Receiver and Vessel Owner would be beneficial, Charterers’ agent, Cantera, is authorized to participate in such discussions on behalf of the Charterer, though Cantera will have no liability resulting from such a settlement. Any disputes in settlement of laytime issues between Receiver and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.

15) Vessel type restrictions: On US Flag, Single Deck Bulk Carriers including ITB/ATB tug/barges, Tween/Multi deckers will be considered. Tow tug/barges and Tankers are prohibited. On non- US Flag, only Single Deck Bulk Carriers will be considered.

Non-US flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent, using the date of original construction and not rebuilt date. For U.S. flag vessels, there are no age restrictions. The Vessel(s) shall be suitable for the transport of the Purchased Commodities and for discharge at Chittagong, Bangladesh.

16) Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for vessel Owner’s 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 Charterer/Receiver to produce quotes and vouchers to evidence that such overage penalty has been incurred. For US Flag vessels over 15 years of age and ATB’s/ITB’s, 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: On U.S. Flag, should the fixed vessel be enrolled in an insurance program that negates the overage premium requirement, Vessel Owner to provide, at time of the offer, such information and certifications for verification to negate an extra insurance premiums.

17) Vessel gear requirements: Vessels must be equipped with own cranes capable of 30 ton capacity and capable of handling grabs and have sufficient size and quantity of grabs on board to maintain the guaranteed discharge rate. Number of grabs and size to be detailed in remarks section of offers. Vessel gear, including grabs, 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.

U.S. Flag gearless vessels will be considered provided owner provides appropriate gear to discharge the cargo at the Charter Party agreed discharge rate.

The said gear provided by owner must meet all requirements of the Receivers and the discharge port authorities.

6

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

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 discharge port shall be at the owners' expense and time not to count as laytime. All other hatch operations at discharge port 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.

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

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

19) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020. 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.

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

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

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

Notwithstanding any prior acceptance of the Vessels by Land O’ Lakes , Charterer, if at any time prior to or during the vessels stay at the Discharge Port the vessel is found not

7

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.

8

27) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to two safe anchorage, one safe 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 Transport charges basis Free Out two safe anchorages, one safe berth, one safe port Chittagong, Bangladesh.

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 of discharge, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for receiver’s account and time.

30) LOL 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 Land O’Lakes Charter Party Proforma.

33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CDT USA on July 01, 2021. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hours EDT July 02, 2021. Fixtures resulting from this tender are subject to approval by LOL and USDA.

For further information regarding this specific tender contact:

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

Phone: 202-331-7395

Email:

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

END.

IFB# 20-018B Bangladesh Re-Tender

June 17

, 2021

Freight ReTender: BKA Logistics, Land O’Lakes V37 Bulk Soybeans to Bangladesh.

IFB No.:20-018B

Date: June 17, 2021

BKA Logistics LLC., for and on behalf of Land O’Lakes Venture 37 (hereafter LOL), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybeans in bulk, under the Food for Progress program on the following basis:

BKA Ref: F21-0050

IFB No.: 20-018B

Sales Order No.: 5000721166

Commodity Solicitation No.: 2000007866

Freight Solicitation No.: 2000007867

Agreement No.: FCC-388-2020/003-00

Freight offers are due no later than 1000 hours CDT (1100 hours EDT) June 21, 2021. Freight offers are to remain valid until 1700 hours EDT June 23, 2021.

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

Submission of freight offers:

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

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

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

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

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

All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, at two safe anchorages, one safe berth, one safe port Chittagong, Bangladesh.

Freight payment: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:

BKA Logistics LLC – Email:

mark.millard@bkalogistics.net or rsingh@bkalogistics.net

1) Cargo: 18,000 MT of bulk Soybeans (BKA Ref F21-0050)

Offerors are encouraged to offer the Land O’Lakes cargo in combination with Winrock International cargo of 7,000 MT bulk Soybeans to Bangladesh and ASA cargo of 8,000

2

MT Soybean Meal to Cambodia, issued under a separate freight IFBs. The two soybean cargoes of LOL and Winrock can be commingled, provided they are of the same grade and quality, loaded by the same supplier, at the same load terminal under the same purchase order.

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.

Further Offerors are encouraged to offer Land O’Lakes cargo in combination with other USDA FAS and/or USAID Title II cargoes within the same laydays that maybe in the market under separate IFBs. But same completion cargoes must be duly separated as stated below.

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

Other than the Winrock International cargo, any such completion cargoes, even if same grade and quality of LOL cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s time, risk and expense. If Kobe separation used, Owner must construct the separation so that fumigation of the cargo is effective and the separation/ stowage must be approved by the National Cargo Bureau (NCB), all at Owner’s time, risk and expense.

Land O’Lakes cargo to be the first port of discharge after vessel completes loading and sails form the U.S. load port(s) unless it is in combination with ASA Soybean Meal to Cambodia, in which case ASA Cambodia will be first out and Land O’Lakes cargo to Chittagong Bangladesh will be the next discharge port.

2) Laydays: July 20-30, 2021. 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:

Julie.stephen@usda/gov and 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

3

Sacramento and Stockton to be considered as one port. For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

5) Discharge port: Two safe anchorages, One safe berth, One safe port Chittagong, Bangladesh. Vessels arriving over 10.5 m draft must proceed to anchorage Kutubdia. Once 10.5 m draft is reached vessel may be shifted to inner anchorage and the balance discharge is completed. In the event vessel arrives less than 10.5 m they may be able to proceed direct to the inner anchorage and discharge basis one to two inner anchorage points. Time used for initial shifting into inner anchorage from outer anchorage shall not count as laytime, with shifting expenses for Owner’s account. All other shifting at anchorage for owner’s account and to count as laytime. In case vessel directly proceeds in to Inner anchorage by skipping outer anchorage (Kutubdia), one shifting between Inner anchorages (if any) shall not count as laytime and expenses for owner’s account.

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 beans 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 of the cargo from such places shall not count as laytime or time on demurrage.

4

7) 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 pro-rata for single deck bulk carriers and 1000 mt for Tween/Multi decker per working day of 24 consecutive hours, Friday’s and Holidays excluded even if used (PWWD FHEXEIU), on the basis of the Bill of Lading quantity (in tons of 2,204.6 pounds). Time from 1700 hours local time Thursday (or on a day preceding a holiday) through 0800 hours local time Sunday (or day after holiday) shall not count against laytime, even if used. All times local times.

Notice of Readiness (NOR) at discharge port to be delivered at the office of Receivers or Receiver’s agent during normal office hours, between 0900 hours and 1700 hours Sunday through Thursday, (Fridays, Saturdays 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 each 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 I ii the vessel is at anchorage waiting for berth. All times local times.

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, which is not to exceed usual and customary levels.

11) The ocean carrier shall release up to four sets of clean on board ocean Bills of Lading, marked "Freight Payable as per Governing Charter Party" and "TO ORDER" 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

5

shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.

14) Laytime Calculations and Settlement of Demurrage/Despatch at discharge port. Demurrage/despatch rates are determined per the relevant Charter Party. Laytime calculations and settlement of demurrage and despatch will be directly between Receivers, Agrocorp International Pte, Ltd. Singapore and Vessel Owner. Neither Charterers (Land O’Lakes Venture37) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. To the extent that the Charterers’ participating in such settlement discussions between Receiver and Vessel Owner would be beneficial, Charterers’ agent, Cantera, is authorized to participate in such discussions on behalf of the Charterer, though Cantera will have no liability resulting from such a settlement. Any disputes in settlement of laytime issues between Receiver and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.

15) Vessel type restrictions: On US Flag, Single Deck Bulk Carriers including ITB/ATB tug/barges, Tween/Multi deckers will be considered. Tow tug/barges and Tankers are prohibited. On non- US Flag, only Single Deck Bulk Carriers will be considered.

Non-US flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent, using the date of original construction and not rebuilt date. For U.S. flag vessels, there are no age restrictions. The Vessel(s) shall be suitable for the transport of the Purchased Commodities and for discharge at Chittagong, Bangladesh.

16) Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for vessel Owner’s 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 Charterer/Receiver to produce quotes and vouchers to evidence that such overage penalty has been incurred. For US Flag vessels over 15 years of age and ATB’s/ITB’s, 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: On U.S. Flag, should the fixed vessel be enrolled in an insurance program that negates the overage premium requirement, Vessel Owner to provide, at time of the offer, such information and certifications for verification to negate an extra insurance premiums.

17) Vessel gear requirements: Vessels must be equipped with own cranes capable of 30 ton capacity and capable of handling grabs and have sufficient size and quantity of grabs on board to maintain the guaranteed discharge rate. Number of grabs and size to be detailed in remarks section of offers. Vessel gear, including grabs, 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.

6

U.S. Flag gearless vessels will be considered provided owner provides appropriate gear to discharge the cargo at the Charter Party agreed discharge rate.

The said gear provided by owner must meet all requirements of the Receivers and the discharge port authorities.

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

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 discharge port shall be at the owners' expense and time not to count as laytime. All other hatch operations at discharge port 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.

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

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

19) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020. 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.

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

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

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

7

Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).

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

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

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

23) One-way rates must be quoted in addition to round trip rates for U.S. flag non-liner vessels whose date of original construction exceeds 15 years from date of fixture.

24) 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.

8

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

27) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to two safe anchorage, one safe 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 Transport charges basis Free Out two safe anchorages, one safe berth, one safe port Chittagong, Bangladesh.

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 of discharge, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for receiver’s account and time.

30) LOL 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 Land O’Lakes Charter Party Proforma.

33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CDT USA on June 21, 2021. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hours EDT June 23, 2021. Fixtures resulting from this tender are subject to approval by LOL and USDA.

9

For further information regarding this specific tender contact:

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

Phone: 202-331-7395

Email:

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

END.

IFB# 20-018B Bangladesh Tender

June 10

, 2021

Freight Tender: BKA Logistics, Land O’Lakes V37 Bulk Soybeans to Bangladesh.

IFB No.:20-018B

Date: June 10, 2021

BKA Logistics LLC., for and on behalf of Land O’Lakes Venture 37 (hereafter LOL), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybeans in bulk, under the Food for Progress program on the following basis:

BKA Ref: F21-0050

IFB No.: 20-018B

Sales Order No.: 5000721166

Commodity Solicitation No.: 2000007848

Freight Solicitation No.: 2000007849

Agreement No.: FCC-388-2020/003-00

Freight offers are due no later than 1000 hours CDT (1100 hours EDT) June 16, 2021. Freight offers are to remain valid until 1700 hours EDT June 18, 2021.

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

Submission of freight offers:

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

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

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

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

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

All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, at two safe anchorages, one safe berth, one safe port Chittagong, Bangladesh.

Freight payment: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:

BKA Logistics LLC – Email:

mark.millard@bkalogistics.net or rsingh@bkalogistics.net

1) Cargo: 18,000 MT of bulk Soybeans (BKA Ref F21-0050)

Offerors are encouraged to offer the Land O’Lakes cargo in combination with Winrock International cargo of 7,000 MT bulk Soybeans to Bangladesh and ASA cargo of 8,000

2

MT Soybean Meal to Cambodia, issued under a separate freight IFBs. The two soybean cargoes of LOL and Winrock can be commingled, provided they are of the same grade and quality, loaded by the same supplier, at the same load terminal under the same purchase order.

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.

Further Offerors are encouraged to offer Land O’Lakes cargo in combination with other USDA FAS and/or USAID Title II cargoes within the same laydays that maybe in the market under separate IFBs. But same completion cargoes must be duly separated as stated below.

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

Other than the Winrock International cargo, any such completion cargoes, even if same grade and quality of LOL cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s time, risk and expense. If Kobe separation used, Owner must construct the separation so that fumigation of the cargo is effective and the separation/ stowage must be approved by the National Cargo Bureau (NCB), all at Owner’s time, risk and expense.

Land O’Lakes cargo to be the first port of discharge after vessel completes loading and sails form the U.S. load port(s) unless it is in combination with ASA Soybean Meal to Cambodia, in which case ASA Cambodia will be first out and Land O’Lakes cargo to Chittagong Bangladesh will be the next discharge port.

2) Laydays: July 15-25, 2021. 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:

Julie.stephen@usda/gov and 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

3

Sacramento and Stockton to be considered as one port. For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

5) Discharge port: Two safe anchorages, One safe berth, One safe port Chittagong, Bangladesh. Vessels arriving over 10.5 m draft must proceed to anchorage Kutubdia. Once 10.5 m draft is reached vessel may be shifted to inner anchorage and the balance discharge is completed. In the event vessel arrives less than 10.5 m they may be able to proceed direct to the inner anchorage and discharge basis one to two inner anchorage points. Time used for initial shifting into inner anchorage from outer anchorage shall not count as laytime, with shifting expenses for Owner’s account. All other shifting at anchorage for owner’s account and to count as laytime. In case vessel directly proceeds in to Inner anchorage by skipping outer anchorage (Kutubdia), one shifting between Inner anchorages (if any) shall not count as laytime and expenses for owner’s account.

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 beans 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 of the cargo from such places shall not count as laytime or time on demurrage.

4

7) 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 pro-rata for single deck bulk carriers and 1000 mt for Tween/Multi decker per working day of 24 consecutive hours, Friday’s and Holidays excluded even if used (PWWD FHEXEIU), on the basis of the Bill of Lading quantity (in tons of 2,204.6 pounds). Time from 1700 hours local time Thursday (or on a day preceding a holiday) through 0800 hours local time Sunday (or day after holiday) shall not count against laytime, even if used. All times local times.

Notice of Readiness (NOR) at discharge port to be delivered at the office of Receivers or Receiver’s agent during normal office hours, between 0900 hours and 1700 hours Sunday through Thursday, (Fridays, Saturdays 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 each 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 I ii the vessel is at anchorage waiting for berth. All times local times.

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, which is not to exceed usual and customary levels.

11) The ocean carrier shall release up to four sets of clean on board ocean Bills of Lading, marked "Freight Payable as per Governing Charter Party" and "TO ORDER" 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

5

shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.

14) Laytime Calculations and Settlement of Demurrage/Despatch at discharge port. Demurrage/despatch rates are determined per the relevant Charter Party. Laytime calculations and settlement of demurrage and despatch will be directly between Receivers, Agrocorp International Pte, Ltd. Singapore and Vessel Owner. Neither Charterers (Land O’Lakes Venture37) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. To the extent that the Charterers’ participating in such settlement discussions between Receiver and Vessel Owner would be beneficial, Charterers’ agent, Cantera, is authorized to participate in such discussions on behalf of the Charterer, though Cantera will have no liability resulting from such a settlement. Any disputes in settlement of laytime issues between Receiver and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.

15) Vessel type restrictions: On US Flag, Single Deck Bulk Carriers including ITB/ATB tug/barges, Tween/Multi deckers will be considered. Tow tug/barges and Tankers are prohibited. On non- US Flag, only Single Deck Bulk Carriers will be considered.

Non-US flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent, using the date of original construction and not rebuilt date. For U.S. flag vessels, there are no age restrictions. The Vessel(s) shall be suitable for the transport of the Purchased Commodities and for discharge at Chittagong, Bangladesh.

16) Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for vessel Owner’s 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 Charterer/Receiver to produce quotes and vouchers to evidence that such overage penalty has been incurred. For US Flag vessels over 15 years of age and ATB’s/ITB’s, 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: On U.S. Flag, should the fixed vessel be enrolled in an insurance program that negates the overage premium requirement, Vessel Owner to provide, at time of the offer, such information and certifications for verification to negate an extra insurance premiums.

17) Vessel gear requirements: Vessels must be equipped with own cranes capable of 30 ton capacity and capable of handling grabs and have sufficient size and quantity of grabs on board to maintain the guaranteed discharge rate. Number of grabs and size to be detailed in remarks section of offers. Vessel gear, including grabs, 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.

6

U.S. Flag gearless vessels will be considered provided owner provides appropriate gear to discharge the cargo at the Charter Party agreed discharge rate.

The said gear provided by owner must meet all requirements of the Receivers and the discharge port authorities.

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

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 discharge port shall be at the owners' expense and time not to count as laytime. All other hatch operations at discharge port 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.

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

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

19) Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020. 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.

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

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

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

7

Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).

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

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

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

23) One-way rates must be quoted in addition to round trip rates for U.S. flag non-liner vessels whose date of original construction exceeds 15 years from date of fixture.

24) 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.

8

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

27) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to two safe anchorage, one safe 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 Transport charges basis Free Out two safe anchorages, one safe berth, one safe port Chittagong, Bangladesh.

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 of discharge, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for receiver’s account and time.

30) LOL 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 Land O’Lakes Charter Party Proforma.

33) Offers to be submitted electronically through the WBSCM no later than 1000 hours CDT USA on June 16, 2021. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hours EDT June 18, 2021. Fixtures resulting from this tender are subject to approval by LOL and USDA.

9

For further information regarding this specific tender contact:

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

Phone: 202-331-7395

Email:

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

END.

Contact

New Tenders and Awards

2-TL@fas.usda.gov

Apply

All opportunities must be applied
for through WEBSCM.