Peru Award22-012B
22-012B Peru Award
May 02, 2023
AWARD NOTICE for NCBA CLUSA Freight IFB 22-012B for Peru
On behalf of NCBA CLUSA, Charterer, BKA Logistics is pleased to announce the following freight awards for 9,770 Metric Tons of Soybean Meal in Bulk to Callao , Peru.
CHARTER PARTY DATE MAY 2, 2023
Owners: Liberty Grace Corporation.
Vessel Name: MV LIBERTY GRACE
Described as: Geared Bulk Carrier; Flag USA; Built 2001; IMO# 9228148
DWT 50,809 MT on 11.92 M SSW Draft; LOA 189.9 M; Beam 32.26 M
6 Holds / 6 Hatches; Cranes 4 x 30 Tons; Speed about 12.5 Knots
All details about.
Vessel current ETA USGulf is June 5, 2023 agw/wp/uce.
Cargo: 9,770 Metric Tons, as part cargo, of Soybean Meal in bulk.
Vessel shall also be transporting 22,230 MT of Soybean Meal in Bulk for TechnoServe Inc. and 2,500 MT Soybean Meal in Bulk for IESC to Callao, Peru under separate Charter Parties.
Total Cargo will be 34,500 Metric Tons of Soybean Meal in Bulk.
Laydays: June 1-10, 2023
Load port: 1 to 2 safe berth(s), 1 to 2 safe U.S. Gulf port(s). Intention is Waggaman, LA (G-NO-WAG – ADM) to be reconfirmed at time of receiving the 14 days Pre-Advice Notice of vessel ETA load port.
Loading terms: As per IFB : Scale Gross Load.
Discharge port: One safe berth, One safe Port Callao, Peru.
Discharging terms: The cargo is to be discharged by the Buyer/Receiver free of risk and expense to the vessel (Free Out discharge) at the average rate of 6,000 MT of 2204.6 lbs for Bulk Carriers per weather working days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity.
Freight Rate: Basis total cargo of 34,500 Metric Tons the Ocean Freight Rate is:
USD 99.80 Per Metric Ton. Plus, Mississippi Load port premium of USD 300,000.00 and G-NO-WAG Premium of USD 100,000.00 equates to additional Load Point cost of USD 11.59 PMT. Total Freight Rate USD 111.39 PMT.
Ocean freight rate is basis One Safe Load port / One Safe Load berth (G-NO-WAG) to One Safe Discharge berth, Callao, Peru.
At load port: Demurrage USD 45,000.00 PDPR / Despatch USD 22,500.00 PDPR.
At discharge port Callao: Demurrage USD 45,000.00 PDPR / Despatch USD 22,500.00 PDPR.
Otherwise as per terms and conditions of NCBA/ CLUSA. Freight Tender
IFB No.22-012B dated April 20, 2023, and NCBA CLUSA Charter Party Proforma.
End.
22-012B Peru Amendment 1
April 21, 2023
AMENDMENT 1 , April 21, 2023
NCBA/CLUSA. Freight Tender IFB 22-012B – Soybean Meal to Peru. Dated April 20, 2023
BKA Logistics LLC., on behalf of NCBA/CLUSA., Charterer , hereby issue the following correction to the referred Freight Tender:
Freight offers to be submitted through WBSCM no later than 1000 hours CDT, USA, April 25, 2023.
Freight offers to remain valid until 1700 hours Washington DC time April 27, 2023.
All other terms and conditions of the Freight IFB remain unchanged.
END
22-012B Peru Tender
April 20, 2023
Freight Tender: NCBA/CLUSA Soybean Meal, Peru
USDA IFB No. 22-012B
Date: April 20, 2023
BKA Logistics LLC., for and on behalf of Cooperative League of the USA
(CLUSA) d.b.a. as National Cooperative Business Association (NCBA/CLUSA)
requests firm offers of U.S. and Non-U.S. flag vessels for the carriage of
Soybean Meal in bulk, under the Food for Progress program on the following
basis:
BKA Ref: F23-0041
USDA Freight Invitation for Bids (IFB) No. 22-012B
USDA Commodity Solicitation No. 2000009280
USDA Freight Solicitation No. 2000009281
NCBA/CLUSA Peru Sales Agreement FCC-527-2022/001-00
Sales Order (SO) No. 5000850839
Freight offers to be submitted through WBSCM no later than 1000 hours CDT
USA, April 26, 2023. Freight offers to remain valid until 1700 hours Washington
DC time April 28, 2023.
Only firm offers that are responsive to the terms of this IFB will be considered
and no negotiations will be permitted.
Submission of freight offers:
All carriers are required to submit offers electronically, by the due date and time,
for the cargoes advertised by this IFB via the U.S. Department of Agriculture
(USDA) Web Based Supply Chain Management (WBSCM) system for the
Invitation number(s) referenced above. All offers are subject to all requirements
of WBSCM and of the afore-mentioned Invitation(s), including the deadline(s) for
submission of bids therein.
The Web Based Supply Chain Management system can be accessed through
the following website:
http://www.usda.gov/wps/portal/usda/usdahome?navid=wbscm
Carriers must be assigned a USDA E authentication Logon ID and password to
access the WBSCM system. Contact the WBSCM help desk for information
regarding Logon IDs, passwords, and WBSCM system questions or concerns:
Telephone: (877) 927-2648; e-mail: wbscm.servicedesk@caci.com
All proposals will be evaluated on the rates submitted in WBSCM. Free form
remarks are not evaluated and are for informational purposes only and to cover
optional ports, optional discharge rates, etc.
For evaluation, Offerors to enter Ocean Transportation charges basis Free Out,
one safe berth, one safe port Callao, Peru.
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) (1.a) Cargo and Quantity:
BKA Ref # Cargo Quantity
F23-0041 Bulk Soybean Meal about 9,770 MT
Offerors should consider offering vessels to carry a range of tonnages in event
that quantity purchased is more or less than the quantity stated.
(1.b) Contracted quantities will be on min/max basis.
(1.c) Offerors are encouraged to offer the NCBA/CLUSA cargo in combination
with cargoes of TechnoServe Inc. 22,230 MT Bulk Soybean Meal and IESC Bulk
Soybean Meal 2,500 MT to Callao, Peru.
(1.d) NCBA/CLUSA cargo to Callao, Peru to be the first port of discharge after
vessel completes loading and sails from the U.S. load port(s).
(1.e) If vessel is fixed basis Part Cargo - Any additional completion cargo(es)
must be duly separated, must be compatible and non-injurious to
NCBA/CLUSA’s cargo, and must be detailed in offer or approved by
NCBA/CLUSA/USDA if contracted after fixture of NCBA/CLUSA cargo. Vessel’s
itinerary and geographic proximity of completion cargo(es) will be taken into
consideration by NCBA/CLUSA/USDA in approval of such part cargo(es) in order
not to unduly impede delivery of NCBA/CLUSA’s cargo to discharge port(s).
(1.f) Commingling of NCBA/CLUSA cargo with other possible combination
cargoes is permitted provided they are purchased from the same supplier, same
load facility, with the same grade/specifications and are declared to discharge at
the same discharge port. Otherwise, NCBA/CLUSA cargo must be duly
separated as per separation clause below.
(1.g) 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.
2. (2.a) Laydays: June 1-10, 2023. Offers submitted under this invitation are
required to have a cancelling date no later than the last date of the laydays as
stated above. Vessels which are offered with a cancelling date beyond the
laydays specified above will not be considered.
(2.b) 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
carol.buchanan@usda.gov and justin.martinek@usda.gov.
3) 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.
4) Discharge port: One safe berth, One safe Port Callao, Peru
5) Load terms:
(5.a) The cargo is 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, 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 - 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
Tankers will not be considered for this cargo of Bulk Soybean Meal.
Tween-deckers: the load guarantee shall be 3,000 MT per day.
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.
(5.b) Owners are to specify load port demurrage/despatch rates in their offer.
Despatch rates must be one-half of demurrage rates quoted.
(5.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 Charterer NCBA/CLUSA Inc. or USDA/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.
(5.d) On completion of loading Owner to release clean, signed on board bill of
ladings to Charterer’s agent BKA Logistics LLC by overnight courier at Owner’s
expense.
(5.e) The commodities will be loaded and shipped in bulk with the quantity
determined by the Official Grain Weight Certificate issued by USDA/FGIS or
USDA approved Surveyor, on completion of loading. Bill of Lading quantities and
freight charges will be based upon the Official Grain Weight Certificate(s) figures.
Claims or demands for freight amounts that exceed the aforementioned Bill of
Lading weights will not be considered.
(5.f) 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.
(6.) Discharge Terms:
(6.a) The cargo is to be discharged by the Buyer/Receiver free of risk and
expense to the vessel (Free Out discharge) at the average rate of 6,000 MT of
2204.6 lbs for Bulk Carriers and 1,000 MT of 2204.6 lbs for Tween/Multi deckers
per weather working days of 24 consecutive hours, Saturdays, Sundays, and
holidays excepted, even if used (WWDSSHEX EIU) on the basis of the bill of
lading quantity. Time from 1700 hours local time Friday (or on a day preceding a
holiday) through 0800 hours local time Monday (or day after holiday) shall not
count against laytime, even if used.
(6.b) Notification of vessel’s readiness (NOR) to discharge must be provided to
the buyer/receiver or its agent within the period of 0900 hours to 1700 hours
Callao time, Monday through Friday (except holidays) and within the period of
0900 hours to 1200 hours on Saturdays (Sundays and Holidays excluded),
whether the vessel has been customs cleared or not (WCCON); whether vessel
has been granted Free Pratique or not (WIFPON); whether the vessel is in port
or not (WIPON), whether the vessel is in berth or not (WIBON). Laytime to
commence at 0800 hours on the next working day after the NOR has been
tendered, WCCON, WIFPON, WIPON, WIBON. At the vessel’s option the NOR
may be tendered in writing by cable, telex, facsimile or email. Furthermore, at the
Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting
for a berth.
(6.c) Waiting time (inside or outside commercial port limits) for anchorage or
berth will count as laytime. Laytime will commence at 0800 hours (local time) on
the next working day after the NOR has been tendered, WCCON, WIFPON,
WIPON, WIBON, even if discharging commences earlier.
(6.d) Shifting from customary waiting place at port anchorage to discharge berth
to be for vessel’s account, and time not to count as laytime.
(6.e) All other time and expenses used in the Vessel shifting from one anchorage
or berth or place of cargo operations to another are for the Buyer’s/Receiver’s
account and will count as laytime, even if such Vessel shifting was ordered by
the relevant authority at the discharge port. Any shifting and associated laytime
as a result of vessel and/or vessel owner’s inability to allow buyers/receivers to
access cargo will be for vessel owner’s account.
(6.f) Any demurrage incurred at the discharge port is for the account of the
Receiver at the rate stipulated in the governing Charter Party. Despatch is
payable by the vessel Owner to the Receiver at one-half of the demurrage rate
as per the governing Charter Party.
(6.g) If the discharging berth is unavailable the master may warrant that the
vessel is in all respects ready to discharge and tender the NOR from any usual
waiting place, Whether in Port or not (WIPON), Whether in Berth or not
(WIBON), Whether in Free Pratique or not (WIFPON), Whether Customs Cleared
or not (WCCON). Laytime shall commence at 0800 hours on the next working
day if NOR is validly tendered. Time used before commencement of laytime
shall not count.
(6.h) 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.
(6.i) 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.
(6.j) Laytime calculations and settlement of demurrage and despatch will be
directly between Buyer/Receiver and Vessel Owner. Neither Charterer
(NCBA/CLUSA) nor USDA will be responsible for settling matters of laytime
calculation or settlement of demurrage/despatch. Any disputes in settlement of
laytime issues between Buyer/Receiver and Vessel Owner, to be arbitrated in the
State of New York under Society of Maritime Arbitrators, Inc. Any additional
laytime terms shall be as per the governing Charter Party.
To the extent that Charterer’s participating in such settlement discussions
between Buyer/Receiver and Vessel owner would be beneficial, BKA Logistics
LLC., is authorized to participate in such discussions on behalf of the Charterer,
though BKA Logistics LLC will have no liability resulting from such a settlement.
7) Stevedores: At load port owner to appoint and pay for stevedores. At
discharge port charterer/receivers to appoint and pay for stevedores.
8) Agents: At load port (s) owner to appoint and pay for vessel’s agent.
Charterer’s agent BKA Logistics LLC., shall appoint a protective out port agent at
each load port, Owner will pay the agency fee of US$ 1,800.00 per load port to
BKA Logistics LLC.
Charterers/Receivers reserve the right to nominate agents at the discharge
port(s) provided all receivers for this program with commodity aboard the vessel
agree on the vessel agent to be nominated, and the nominated agent to be
appoint and paid by vessel Owners at their expenses. All customary port
expenses for the vessel are for the account of the vessel owner. In the event
that all receivers are unable to agree on a single agent, vessel Owners shall
retain the right to appoint their own agent and if any receiver appoints a separate
agent it will be at receiver’s expense.
9) 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.
10) Demurrage / Despatch is 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.
11) Laytime is non-reversible.
(12) Vessel type restrictions:
(12.a) U.S. Flag - US Flag ATBs and Towed Barges will be considered.
However, tug and barge combination will not be considered if offered as a
tandem tow or a double tow. Tankers are not workable. Tweendeck and
Multidecks are acceptable. U.S. flag gearless vessels are acceptable provided
owner provides sufficient discharge equipment, excluding vacuvators, but
including marine legs, to maintain the guaranteed discharge rate.
(12.b) Non-U.S. flag – Only geared bulk carriers less than 15 years old will be
considered. See Clause 14.
(12.c) All vessels must be classed highest in Lloyd’s register or its equivalent –
date of original construction, not rebuilt date, to govern.
(12.d) For Towed barge - Owner of tug/barge must also have tow arrangement
duly inspected and certified by Salvage Association, if applicable, otherwise by
competent independent surveyor/inspector at owner's expense. Copy of said
certificate to be presented to Charterer or their agent prior to the tug/barge unit
filing it’s Notice of Readiness to load. Copy of said certificate will be required for
freight payment.
(12.e) 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 Owner’s liability and responsibilities toward the cargo. Copy
of this NCB Hatch Sealing Certificate will be required for the freight payment.
Said certificates to state the Seal Numbers.
(12.f) NVOCCs may not be employed to carry U.S. flag or Non U.S. flag
shipments.
13) Extra Insurance:
Any extra insurance on account of vessel’s age, flag, ownership, type,
configuration or classification will be for owners account, but not exceeding New
York market rates for U.S. flag vessels and London rates for non-U.S. flag
vessels. Non-U.S. Flag vessels shall not be older than 15 years.
War Risk Premium: Owners shall include all actual and anticipated War Risk
insurance premium in their offered rates. Owner bears the risk of any increase in
War Risk premiums.
Special Note: Should offered vessel be enrolled in an Insurance Program that
negates the Overage Premium requirement on U.S. Flag vessel, offer to include
all information and certifications for verification.
(14) Vessel Gear Requirements:
(14.a) Vessel will be capable of self-discharge with Vessel’s or owner supplied
marine legs or shore side gear. Cargo discharge by gears will be with grabs.
Vacuvators are not acceptable (including for lightening, if applicable). Vessel
owners to supply grabs and all necessary discharging gear (cranes and or
swinging derricks with minimum 9.8 MT S.W.L. capacity suitable for clamshell
discharge and including clamshells) in good working order and in sufficient number
to permit Charterers/Receivers to effect discharge of the vessel at the guaranteed
rate of discharge. For vessel offering marine legs as discharge equipment owners
to provide all necessary fuel, technicians and motive power to operate the marine
legs and maintain the discharge rate agreed upon. For all owner provided
discharge equipment owners to provide at their expense all necessary motive
power/fuel to operate all discharge gear. Time used for assembling or preparing
owner-supplied equipment, or any time lost as a result of insufficiencies of gear or
breakdown of gear not to count as laytime or time on demurrage. Any shore gear
required for discharging or lifting in/out of equipment must be furnished at owner’s
risk and expense. Gear provided by vessel must also be capable of lifting
equipment necessary for trimming and breaking up any caked soybean meal in/out
of the holds.
(14.b) Discharging equipment must meet all requirements and regulations of the
applicable port authorities.
(14.c) If vessel is not capable of meeting discharge rate stated above, then port
authority at their discretion may require vessel to leave berth. In such case, any
delays, shifting costs or additional expense will be solely for owner’s/vessel’s
account.
(15) Opening and closing of hatches to be carried out by vessel’s crew free of
charge to Charterers. Laytime not to count for the time taken in closing/opening of
vessel hatches. Vessel to be equipped with mechanical or hydraulic hatch covers
and rain tents for all hatches and are required to be provided by owner.
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.
(16) Lightening
Owners are responsible for vessel arriving at the discharge port within allowable
draft. Lightening is permitted. Lightering (if applicable) must be performed in the
territorial waters of the country of the discharge port. Lightering daughter vessel
must be single deck bulk carriers meeting port’s vessel restrictions. Vacuvators
are not permitted. Daughter vessel must be classed highest in Lloyds or
equivalent and certified fit for receipt and carriage of bulk cargo under this charter
party by first class independent surveyor. If full lightering performed then, each
daughter vessel, after completion of lightering operations applicable to that
vessel, must tender its Notice of Readiness to discharge to consignees/receivers
of their agents during regular business hours (as per Clause 6.a and 6b.above)
and laytime shall commence at 0800 hours on next business day and prior time
is not to count as laytime used. Laytime shall not count on daughter vessel(s)
waiting for discharge berth while another daughter vessel is occupying the
discharge berth. Laytime shall recommence on daughter vessel awaiting
discharge berth once the daughter vessel at discharge berth has departed. If
partial lightening performed then, after mother vessel has completed lightening
operations and reached required safe arrival draft for the discharge port, the
mother vessel may tender its Notice of Readiness to discharge to
consignees/receivers or their agents during regular business hours (as per
Clause 6.a and 6.b above) and laytime shall commence at 0800 hours on next
business day and prior time used is not to count as laytime used.
(17) Fumigation.
Vessel will be fumigated with an Aluminum Phosphide preparation in-transit, in
accordance with USDA/FGIS Handbook revised July 10, 2020 and any
subsequent revisions to said handbook. At final loading port, commodity supplier
will arrange and pay for in-transit fumigation performed by a certified applicator.
Fumigation will be witnessed by FGIS, USDA, and the Aluminum Phosphide
preparation must be contained in packaging as described in the fumigation
handbook. Dust retainers must be used. For tweendeckers and bulk carriers
(including push-mode ITB), the recirculation method of fumigation will be used.
Tween-deck vessels are acceptable only when a certified applicator states that
the vessel has been inspected and found to be suitable for in-transit fumigation.
USDA FAS Notice to the Trade titled “Cargo Fumigation Requirements”, Dated
February 16, 2023, are full incorporated herein, which includes Fumigation
Protocols for Bulk Cargo https://procurement.usaid.gov/node/8123
The removal and disposal of fumigant sleeves, pipes, dust retainers or other
fumigation materials used for intransit fumigation shall be for Buyer’s/Receiver’s
time, risk, and expense.
At the discharge port and upon inspection by government inspectors, if cargo
and/or vessel is found to be infested and provided clean bill(s) of lading were
issued, fumigation costs if any are for owner's (vessel's) account.
(18) 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 the 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.
(19) Sub-standard vessels and Operators : 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).
(20) Performing vessel(s) must be listed on the U.S. Department of
Transportation, Maritime Administration list of approved vessels.
(21) 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.
(22) 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.
(23) 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.
(24) Offerors encouraged to provide the following Information:
Vessel name / Type / Flag / Year Built / LOA / Beam / Dwt / Draft / Gear (if any).
Vessel ETA at load and discharge ports. Vessels must be in class at time of the
offer and during the voyage.
Full style of Owner.
Offers of named vessel or substitute will be considered. Substitution for named
vessels are permitted. Whether included in an offer or not, any substitute
performing vessel must be approved by Charterer and USDA.
Offers are to provide information on vessel's current position, its ETA load port,
vessel's ETA basis discharge port.
(25) Freight rates are to be quoted in U.S. Dollars per Metric Ton.
Basis one loading berth, one loading port to one discharging berth, one
discharging port, plus additional freight (if any) per metric ton on entire cargo for
each additional load berth, load port if used and per metric ton for each additional
discharge berth, 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 Port of
Callao, Peru.
(26) If Owner intends 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.
(27) 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 Buyer’s/Receiver’s
account and time.
(28) NCBA/CLUSA reserves the right to accept or reject all offers.
(29) Commission: 1.67 percent on freight / deadfreight is payable to BKA
Logistics LLC.
(30) Otherwise subject to terms and conditions of NCBA/CLUSA. Charter Party
Proforma.
(31) For further information regarding this specific tender contact:
BKA Logistics LLC., 1629 K Street NW, Suite 500, Washington DC. 20006.
Phone: 202-331-7395 ; Fax: 202-331-7735,
email: mark.millard@bkalogistics.net and rsingh@bkalogistics.net
End