Colombia Award22-023B

22-023B Colombia Award

May 1, 2024

Fettig & Donalty, Inc. announces the following freight tender results for account of ACDI/VOCA under the Food for Progress program.

IFB No.:22-023B

Commodity Solicitation No.: 2000009978

Freight Solicitation No.: 2000009979

Cargo: 

1. Up to approximately 4750 metric tons soybean  meal in bulk

WBSCM S.O.:  5000907218

Laycan:  May 10-20, 2024

1. Up to approximately 4750 metric tons soybean meal in bulk

WBSCM S.O:5000907219

Laycan: May 20-30, 2024

For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)

May 1, 2024

22-023B Colombia Retender

April 24, 2024

Fettig & Donalty, Inc. announces the following freight tender  for account of ACDI/VOCA under the Food for Progress program.

IFB No.:22-023B

Cargo: 

Up to approximately 4750 metric tons soybean meal in bulk

WBSCM S.O:5000907219

Laycan: May 20-30, 2024

Discharging:  1 SB 1 SP Baranquilla, Colombia 

Loading: 1  SP 1 SB,  ADM Waggaman, LA

Load Terms:  Scale Gross Load (see below)

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

SUBMISSION OF FREIGHT OFFERS:

Offers to be submitted outside of WBSCM.  Freight offers to be submitted via Email to Mlagoon@fettigdonalty.com not later than 10:00 Central Time (1100 U.S. Eastern Time) on April 29, 2024.  Only firm offers will be accepted. 

All offers must remain valid through close of business U.S. Eastern time April 30, 2024.

Offerors are encouraged to offer the ACDI/VOCA cargo in combination with IESC, TNS and NCBA cargo of Soybean meal  issued under separate freight IFBs. Total 30,000 mt.  The 4 soybean meal cargoes 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

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.

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.

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 Fettig & Donalty, Inc. 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.

Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Colombia import regulations. Said PSI shall be arranged and paid for by Charterer/Receiver, but Owner to permit the PSI inspector to board and inspect vessel holds and witness the loading.

Terms/Conditions:

1.Vessel Restrictions: The performing vessel/s is/are determined as a result of a freight tender procedure following rules, regulations and oversight of USDA. The vessel/s may be geared or gearless U.S. flag bulk carriers or U.S. flag tween/multi-deck vessels, a/o geared non-US flag bulk carriers. If the Buyer requires vessel provided gear, the gear requirements must be provided to Seller before the Sales Agreement will be finalized. U.S. Flagged vessels:  No age restriction. Non-U.S. Flagged vessels: Maximum vessel Age 15 years. Seller shall advise Buyer the particulars of the performing vessel/s once its approval from the USG has been received.

Vessel should have a RightShip rating of minimum 3 out of 5.

-Any marine insurance to cover against marine cargo losses and damages (including General Average losses) will be Buyer’s responsibility and at Buyer’s expense. Buyer is responsible for pursuing any marine claims. U.S. Flag vessel owner to pay the excess Marine Insurance premium for overage and vessel type, not to exceed New York market rate on U.S. Flag.  Should offered vessel be enrolled in an insurance program that negates the overage premium requirement, offer to include all information and certifications for verification

- 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: 

 Vessel will be capable of self-discharge with vessel’s or owner supplied marine legs or shoreside 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.

Discharging equipment must meet all requirements and regulations of the applicable port authorities.

Opening and closing of hatches to be carried out by vessel’s crew free of charge to Charterers. Vessel to be equipped with mechanical or hydraulic hatch covers and rain tents for all hatches and are required to be provided by owner. If vessel is not capable of meeting discharge rate as stated in clause 10 below, 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.

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

5.  Parcels for ACDI/VOCA under this tender may be comingled if purchased from same grade and specifications if from the same supplier and loading from the same terminal under the same purchase order, but such commingling also subject to approval by all other parties.  Any other  commodities covered by this tender or any other completion cargoes must be fully segregated from any other part cargoes 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 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 ACDI/VOCA cargo.  Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

6.  Vessels shall be fumigated with an aluminum phosphide preparation in-transit. At final loading port, commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the current USDA Foreign Agricultural Service (FAS) requirements for bulk grain fumigation and otherwise in accordance with the most recent version of the USDA/FGIS Fumigation Handbook. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation shall be witnessed by FGIS, USDA and the aluminum phosphide preparation shall be contained in packaging as described in the afore-mention FAS requirements and FGIS 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/multi-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. vessel 

USDA FAS Notice to the Trade “Bulk Vessel Fumigation with Phosphine”, dated February 16, 2023, and USAID Notice to the Trade “Bulk/Breakbulk Vessel Fumigation with Phosphine-Revised”, dated February 1, 2024 and any updates thereto, respectively, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo. 

The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s time, risk, and expense and time used to count 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, said fumigation costs are for owner's (vessel's) time, risk and expense.

7. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).

8.  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 survey.

9. 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. Despatch rates must be one-half of demurrage rates quoted.  Laytime is non-reversible. 

(c )Detention charges if claimed: 

In the event of any occurrence, happening or circumstances giving rise to a claim by Owners for detention or deviation, the charter’s daily load port demurrage rate pro rata shall apply to calculate same and shall serve as the only recoverable charges or damages relating to same.  In return for such payment, Owners agree to release, acquit, and hold harmless Charterers from any and all claims, losses, and damages of whatsoever kind, whether physical or economic, in contract or tort, at law or in equity, suffered as a result of such occurrence, happening or circumstances

(d) 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.

(e) 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 Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com. Discharge port Laytime accounts and other related matters are to be settled directly between vessel Owners and Receiver in accordance with the demurrage/despatch costs established in the governing Charter Party.  Under no circumstances shall ACDI/VOCA nor USDA be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the Receivers.  Any/all disputes between vessel owners and the Receivers 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, 

10. Discharge Terms:

Charterer/Receiver advise without guarantee following vessel restrictions:

LOA Maximum 200 Meters. Draft Maximum 9.70 Meters Fresh Water

The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 4,000 MT of 2204.6 lbs. for bulk carriers and 1000 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.

(a) Notice of Readiness: Notification of vessel’s readiness (NOR) to discharge must be provided to the buyer or its agent within the period of 0900 hours to 1700 hours Baranquilla 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.

(b) Laytime: 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, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime. 

All other time and expenses used in the vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s 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 to access cargo will be for vessel owners account.

If the discharging berth is unavailable the master may warrant that the vessel is in all respects ready to discharge and tender the NOR from any usual waiting place, Whether in Port or not (WIPON), Whether in Berth or not (WIBON), Whether in Free Pratique or not (WIFPON), Whether Customs Cleared or not (WCCON). Laytime shall commence at 08:00 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.

If the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Sellers’ 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.

                          (c) Lighterage: 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 and laytime shall commence at 0800 hrs 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 and laytime shall commence at 0800 hrs on next business day and prior time used is not to count as laytime used. 

11. Buyer shall appoint and pay stevedores at the discharge port.  The Buyer shall nominate the vessel agent at the discharge port, at owner’s expense, which is not to exceed usual and customary levels.   

12. Charterers may require the overall tonnage to split into multiple bills of lading, with individual B/L quantities to be advised prior to ship loading.  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”.  Port names must also be described in accordance with requirements of Receivers and local authorities.

Vessel Owners as named in offers and listed as Owners on any Charter Party made under this tender will be shown as carrier on bills of lading for all covered shipments, and the date of this Charter Party will appear on the bills of lading as the governing Charter Party date. No other Charter Party may be shown or referenced on the bills of lading.  Further, freighted non-negotiable bills of lading will be required for internal use by Charterers and USG.  Requests for exclusion of any of these provisions will not be considered and the submission of an offer against this tender will be deemed an acknowledgement of these requirements.

14. Transshipment is not permitted.

15. 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

16. 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.

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

18. 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.

19. 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.

20. 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).

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

22. 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/cargo_humanitarian_assistance/cargo_human_assistance_reports/Humanitarian_Food_Aid_Reports.htm

23. Port Restrictions due to COVID-19:   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 Buyer employees, agents or assigns 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 account and time.

24. Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to Fettig & Donalty, Inc. 

25. 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.

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

For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)

April 24, 2024

22-023B Colombia Tender

March 22, 2024

Fettig & Donalty, Inc. announces the following freight tender results for account of ACDI/VOCA under the Food for Progress program.

IFB No.:22-023B

Commodity Solicitation No.: 2000009978

Freight Solicitation No.: 2000009979

Cargo: 

1. Up to approximately 4750 metric tons soybean  meal in bulk

WBSCM S.O.:  5000907218

Laycan:  May 10-20, 2024

1. Up to approximately 4750 metric tons soybean meal in bulk

WBSCM S.O:5000907219

Laycan: May 20-30, 2024

Discharging:  1 SB 1 SP Baranquilla, Colombia 

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

Load Terms:  Scale Gross Load (see below)

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

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 U.S. Central Time (1100 U.S. Eastern Time) on March 27, 2024  Only firm offers will be accepted.

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

All offers must remain valid through close of business U.S. Eastern time March 29, 2024.  No phone offers or offers via e-mail will be accepted.

Offerors are encouraged to offer the ACDI/VOCA cargo in combination with IESC, TNS and NCBA cargo of Soybean meal  issued under separate freight IFBs. The 4 soybean meal cargoes 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 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.

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.

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.

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 Fettig & Donalty, Inc. 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.

Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Colombia import regulations. Said PSI shall be arranged and paid for by Charterer/Receiver, but Owner to permit the PSI inspector to board and inspect vessel holds and witness the loading.

Terms/Conditions:

1.Vessel Restrictions: The performing vessel/s is/are determined as a result of a freight tender procedure following rules, regulations and oversight of USDA. The vessel/s may be geared or gearless U.S. flag bulk carriers or U.S. flag tween/multi-deck vessels, a/o geared non-US flag bulk carriers. If the Buyer requires vessel provided gear, the gear requirements must be provided to Seller before the Sales Agreement will be finalized. U.S. Flagged vessels:  No age restriction. Non-U.S. Flagged vessels: Maximum vessel Age 15 years. Seller shall advise Buyer the particulars of the performing vessel/s once its approval from the USG has been received.

-Any marine insurance to cover against marine cargo losses and damages (including General Average losses) will be Buyer’s responsibility and at Buyer’s expense. Buyer is responsible for pursuing any marine claims. U.S. Flag vessel owner to pay the excess Marine Insurance premium for overage and vessel type, not to exceed New York market rate on U.S. Flag.  Should offered vessel be enrolled in an insurance program that negates the overage premium requirement, offer to include all information and certifications for verification

- 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: 

 Vessel will be capable of self-discharge with vessel’s or owner supplied marine legs or shoreside 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.

Discharging equipment must meet all requirements and regulations of the applicable port authorities.

Opening and closing of hatches to be carried out by vessel’s crew free of charge to Charterers. Vessel to be equipped with mechanical or hydraulic hatch covers and rain tents for all hatches and are required to be provided by owner. If vessel is not capable of meeting discharge rate as stated in clause 10 below, 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.

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

5.  Parcels for ACDI/VOCA under this tender may be comingled if purchased from same grade and specifications if from the same supplier and loading from the same terminal under the same purchase order, but such commingling also subject to approval by all other parties.  Any other  commodities covered by this tender or any other completion cargoes must be fully segregated from any other part cargoes 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 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 ACDI/VOCA cargo.  Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

6.  Vessels shall be fumigated with an aluminum phosphide preparation in-transit. At final loading port, commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the current USDA Foreign Agricultural Service (FAS) requirements for bulk grain fumigation and otherwise in accordance with the most recent version of the USDA/FGIS Fumigation Handbook. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation shall be witnessed by FGIS, USDA and the aluminum phosphide preparation shall be contained in packaging as described in the afore-mention FAS requirements and FGIS 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/multi-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. vessel 

USDA FAS Notice to the Trade “Bulk Vessel Fumigation with Phosphine”, dated February 16, 2023, and USAID Notice to the Trade “Bulk/Breakbulk Vessel Fumigation with Phosphine-Revised”, dated February 1, 2024 and any updates thereto, respectively, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo. 

The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s time, risk, and expense and time used to count 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, said fumigation costs are for owner's (vessel's) time, risk and expense.

7. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).

8.  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 survey.

9. 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. Despatch rates must be one-half of demurrage rates quoted.  Laytime is non-reversible. 

(c )Detention charges if claimed: 

In the event of any occurrence, happening or circumstances giving rise to a claim by Owners for detention or deviation, the charter’s daily load port demurrage rate pro rata shall apply to calculate same and shall serve as the only recoverable charges or damages relating to same.  In return for such payment, Owners agree to release, acquit, and hold harmless Charterers from any and all claims, losses, and damages of whatsoever kind, whether physical or economic, in contract or tort, at law or in equity, suffered as a result of such occurrence, happening or circumstances

(d) 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.

(e) 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 Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com. Discharge port Laytime accounts and other related matters are to be settled directly between vessel Owners and Receiver in accordance with the demurrage/despatch costs established in the governing Charter Party.  Under no circumstances shall ACDI/VOCA nor USDA be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the Receivers.  Any/all disputes between vessel owners and the Receivers 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, 

10. Discharge Terms:

Charterer/Receiver advise without guarantee following vessel restrictions:

LOA Maximum 200 Meters. Draft Maximum 9.70 Meters Fresh Water

The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 4,000 MT of 2204.6 lbs. for bulk carriers and 1000 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.

(a) Notice of Readiness: Notification of vessel’s readiness (NOR) to discharge must be provided to the buyer or its agent within the period of 0900 hours to 1700 hours Baranquilla 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.

(b) Laytime: 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, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime. 

All other time and expenses used in the vessel shifting from one anchorage or berth or place of cargo operations to another are for the Buyer’s 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 to access cargo will be for vessel owners account.

If the discharging berth is unavailable the master may warrant that the vessel is in all respects ready to discharge and tender the NOR from any usual waiting place, Whether in Port or not (WIPON), Whether in Berth or not (WIBON), Whether in Free Pratique or not (WIFPON), Whether Customs Cleared or not (WCCON). Laytime shall commence at 08:00 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.

If the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Sellers’ 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.

                          (c) Lighterage: 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 and laytime shall commence at 0800 hrs 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 and laytime shall commence at 0800 hrs on next business day and prior time used is not to count as laytime used. 

11. Buyer shall appoint and pay stevedores at the discharge port.  The Buyer shall nominate the vessel agent at the discharge port, at owner’s expense, which is not to exceed usual and customary levels.   

12. Charterers may require the overall tonnage to split into multiple bills of lading, with individual B/L quantities to be advised prior to ship loading.  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”.  Port names must also be described in accordance with requirements of Receivers and local authorities.

Vessel Owners as named in offers and listed as Owners on any Charter Party made under this tender will be shown as carrier on bills of lading for all covered shipments, and the date of this Charter Party will appear on the bills of lading as the governing Charter Party date. No other Charter Party may be shown or referenced on the bills of lading.  Further, freighted non-negotiable bills of lading will be required for internal use by Charterers and USG.  Requests for exclusion of any of these provisions will not be considered and the submission of an offer against this tender will be deemed an acknowledgement of these requirements.

14. Transshipment is not permitted.

15. 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

16. 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.

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

18. 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.

19. 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.

20. 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).

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

22. 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/cargo_humanitarian_assistance/cargo_human_assistance_reports/Humanitarian_Food_Aid_Reports.htm

23. Port Restrictions due to COVID-19:   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 Buyer employees, agents or assigns 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 account and time.

24. Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to Fettig & Donalty, Inc. 

25. 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.

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

For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)

March 22, 2024