Uganda Award20-040B
20-040B Uganda Award
March 23, 2023
Award IFB 20-040B CRS Uganda
Award Date: March 22, 2023
Cargo: 6,760 MT Min/Max Hard Red Winter Wheat (HRW) in bulk
Part Cargo(s): 10,360 MT HRW for Technoserve discharging Mombasa, 14,500 MT HRW for Technoserve
discharging Dar es Salaam, and 9,000 MT NS/DNS for Winrock discharging Mombasa. Any
additional cargoes subject to Charterer’s and USDA approval.
Laycan: April 10-20, 2023. Vessel Fourteen (14) day pre-advice required at Load port.
Loading: 1-2SB 1-2SP U.S. Gulf
Delivery: 1-2SB 1SP Mombasa, Kenya
Vessel: Iliana (or sub), Liberia Flag Bulker Built 2010, SDWT 58,018 MT / 12.95M, LOA 189.99M, Beam
32.26M, 5HO/5HA, 4x36T Crane, Speed ABT 13.5 Knots, Class NKK
Owner: Universal Navigation PTE LTD
Freight: USD 61.41/MT Ocean freight rate basis all cargo covered by this fixture and approved part
cargoes shown above loading 1SB 1SP out of Freeport, TX or Galveston, TX or Cargill
Elevator Houston, TX / discharging FO 1SB Mombasa.
Load port premium(s): If loading other than as indicated above the following Lump-Sum
premiums to be added, as applicable:
USD 50,000 for Beaumont or Corpus Christi
USD 150,000 for Mississippi River
USD 100,000 for HM Houston
USD 50,000 for LTG Houston
Other Lump-Sum Load Port Premiums, if applicable
USD 200,000 for each additional load port
USD 100,000 for each additional load berth in excess of one per port
All above load port premiums, if applicable, to be pro-rated amongst all cargo covered by this
fixture and approved part cargoes shown above.
If second discharge berth used in Mombasa for any of the cargo covered by this fixture and
approved part cargoes shown above, a Lump-Sum premium of USD 20,000 to be pro-rated
amongst all cargoes discharging Mombasa.
Disch. Terms: Free Out at 5,000 MTPDPR PWWDSSHEX.EIU, with demurrage/dispatch, otherwise per freight
tender, including any lightering at disport.
Demurrage: USD 20,000/HD per day, pro-rata, at load port(s)
USD 20,000/HD per day, pro-rata, at discharge port(s) Mombasa
Laytime is non-reversible.
20-040B Uganda Re-Tender
March 10, 2023
Freight Tender
Program: Food for Progress
Country: Uganda
Date: March 10, 2023
IFB Number: 20-040B
WBSCM Commodity Solicitation Number 2000009177
WBSCM Freight Solicitation Number 2000009178
This is a retender of a solicitation issued March 1, 2023 that was cancelled.
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.
*** N.B. The requirements of the following Notices to the Trade are fully incorporated into this
solicitation and will be included in any contract(s) awarded against this tender:
FAS Notices as posted https://www.fas.usda.gov/ocean-freight-tenders
USAID Notice “Bulk Vessel Fumigation with Phosphine” https://procurement.usaid.gov/node/8123
Cargo: Up to approximately 7,000 metric tons Hard Red Winter Wheat (HRW) in bulk
WBSCM S.O.: 5000818227
Laycan: April 10-20, 2023
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
March 15, 2023. Only firm offers will be accepted. All offers must remain valid through close of
business U.S. Eastern time March 17, 2023. 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 nonbulkers,
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. 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 covered by this freight tender may be commingled with wheat of the same grade and
specifications if from the same supplier and loading from the same terminal, but such commingling also
subject to approval by all other parties. Otherwise, CRS HRW 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 in accordance with the recent USDA and USAID Notices to the
Trade regarding Bulk Vessel Fumigation with Phosphine as indicated above. Vessel Master and relevant
crew members must therefore be familiar and comply with these requirements. Vessels must also be
able to be fumigated in accordance with FGIS requirements for in-transit fumigation 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) Safe Berth(s), One (1) Safe Port, Mombasa,
Kenya. Receivers guarantee a 10.5-meter SWD and a maximum LOA of 190 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
5,000 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). Receivers to have the option to discharge simultaneously from all holds where their
commodity is stowed.
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, even if vessel is on demurrage. 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 the discharge berth is occupied and the vessel occupying the berth is prevented from discharging
her cargo due to weather conditions, time so lost shall not count as laytime, unless Owner’s vessel
waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine or
by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage. When
master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently
found unready in application of the above provisions, laytime or time on demurrage shall not count
from the time the vessel is rejected until the time she is accepted. Any time lost shifting from waiting
place to berth shall not count as laytime or as time on demurrage, unless vessel already on demurrage.
Once on demurrage always on demurrage.
If there is more than one receiver at said discharge port or berth, then the laytime will commence for
first receiver at 0800 hours local time next working day after the Notice of Readiness is tendered by
vessel. Laytime will commence at 0800 hours next working day for the next or subsequent receivers
after the first / prior receiver cargo has completed discharge, always basis Weather Working Day SSHEX
EIU.
In the event Buyers/ Receivers are discharging simultaneously then the time used shall be prorated in
accordance with the Bill of Lading weights.
For each receiver time will cease to count as laytime or time on demurrage upon cargo discharge being
completed.
Laytime not to count for the time taken in closing/opening of vessel hatches.
Time lost whilst hatches are closed due weather conditions, even if due to the threat of bad weather,
said time shall not count as laytime used or time on demurrage.
14. Receivers shall appoint and pay stevedores at the Discharge Port(s). 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 May 31, 2022. 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…
ance/cargo_human_assistance_reports/Humanitarian_Food_Aid_Reports.htm
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
20-040B Uganda Tender
March 2, 2023
Freight Tender
Program: Food for Progress
Country: Uganda
Date: March 1, 2023
IFB Number: 20-040B
WBSCM Commodity Solicitation Number 2000009155
WBSCM Freight Solicitation Number 2000009156
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.
*** N.B. The requirements of the following Notices to the Trade are fully incorporated into this solicitation and will be included in any contract(s) awarded against this tender:
FAS Notices as posted https://www.fas.usda.gov/ocean-freight-tenders
USAID Notice “Bulk Vessel Fumigation with Phosphine” https://procurement.usaid.gov/node/8123
Cargo: Up to approximately 7,000 metric tons Hard Red Winter Wheat (HRW) in bulk
WBSCM S.O.: 5000818227
Laycan: April 10-20, 2023
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 March 8, 2023. Only firm offers will be accepted. All offers must remain valid through close of business U.S. Eastern time March 10, 2023. 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. 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 covered by this freight tender may be commingled with wheat of the same grade and specifications if from the same supplier and loading from the same terminal, but such commingling also subject to approval by all other parties. Otherwise, CRS HRW 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 in accordance with the recent USDA and USAID Notices to the Trade regarding Bulk Vessel Fumigation with Phosphine as indicated above. Vessel Master and relevant crew members must therefore be familiar and comply with these requirements. Vessels must also be able to be fumigated in accordance with FGIS requirements for in-transit fumigation 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
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Bulk carriers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load guarantee shall be 3,000 MT per day.
LASH/SEABEE barges: the load/discharge guarantees shall not apply. No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge port(s). Owners are to specify demurrage/despatch rates in their offer, 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) Safe Berth(s), One (1) Safe Port, Mombasa, Kenya. Receivers guarantee a 10.5-meter SWD and a maximum LOA of 190 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 5,000 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). Receivers to have the option to discharge simultaneously from all holds where their commodity is stowed.
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, even if vessel is on demurrage. 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 the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Owner’s vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage. When master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently found unready in application of the above provisions, laytime or time on demurrage shall not count from the time the vessel is rejected until the time she is accepted. Any time lost shifting from waiting place to berth shall not count as laytime or as time on demurrage, unless vessel already on demurrage. Once on demurrage always on demurrage.
If there is more than one receiver at said discharge port or berth, then the laytime will commence for first receiver at 0800 hours local time next working day after the Notice of Readiness is tendered by vessel. Laytime will commence at 0800 hours next working day for the next or subsequent receivers after the first / prior receiver cargo has completed discharge, always basis Weather Working Day SSHEX EIU.
In the event Buyers/ Receivers are discharging simultaneously then the time used shall be prorated in accordance with the Bill of Lading weights.
For each receiver time will cease to count as laytime or time on demurrage upon cargo discharge being completed.
Laytime not to count for the time taken in closing/opening of vessel hatches.
Time lost whilst hatches are closed due weather conditions, even if due to the threat of bad weather, said time shall not count as laytime used or time on demurrage.
14. Receivers shall appoint and pay stevedores at the Discharge Port(s). 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 May 31, 2022. 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