Ghana Award23-006B

23-006B Ghana Award

January 26, 2023

Fettig & Donalty, Inc. announces the following freight tender awards for account of Shelter For Life International  for the carriage of soybean meal commodities under the Food for Progress program.

IFB No.: 23-006B

Commodity Solicitation No. 2000009817

Freight Solicitation No. 2000009816

SO# 5000891138

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

Issued: January 26, 2024

23-006B Ghana Amendment 1

January 16, 2023

Fettig & Donalty, Inc. announces the following freight tender amendment for account of Shelter For Life International ,requests firm offers of U.S. and non-U.S. flag geared single-deck bulk grain vessels (U.S. flag gearless vessels will be considered provided Owners supply all necessary discharging equipment) for the carriage of commodities under the Food for Progress program.

IFB No.: 23-006B

Commodity Solicitation No. 2000009817

Freight Solicitation No. 2000009816

SO# 5000891138

Cargo: 

Up to approximately 7770 metric tons Soybean Meal in bulk

Discharge: Abidjan

Up to approximated 4320 metric tons Soybean Meal in bulk

All other terms and conditions as per freight tender dated January 11, 2024

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

Issued: January 16, 2024

23-006B Ghana Tender

January 12, 2023

Fettig & Donalty, Inc. announces the following freight tender for account of Shelter For Life International ,requests firm offers of U.S. and non-U.S. flag geared single-deck bulk grain vessels (U.S. flag gearless vessels will be considered provided Owners supply all necessary discharging equipment) for the carriage of commodities under the Food for Progress program.

IFB No.: 23-006B

Commodity Solicitation No. 2000009817

Freight Solicitation No. 2000009816

SO# 5000891138

Cargo: 

Up to approximately 7670 metric tons Soybean Meal in bulk

Discharge: Abidjan

Up to approximated 4270 metric tons Soybean Meal in bulk

Discharge: Tema

Laydays: Feb 25- March 5, 2024

Discharging:  2 safe ports Abidjan and Tema and 1 SB each Abidjan, Ivory Coast and Tema, Ghana

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 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) on January 17, 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 January 19, 2024  No phone offers or offers via e-mail will be accepted.

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.

Offerors are encouraged to offer this Shelter for Life  cargo in combination with the LWR and TNS cargo of Soybean Meal that is tendered for same set of laydays under separate IFB.

The SFL, LWR and TNS cargoes for discharge Abidjan may be commingled and the SFL, LWR and TNS cargoes for Tema may be commingled  provided said cargo(es) are of the same commodity, quality and specification as procured under the same USDA assigned Purchase Order.

The cargoes must be separated by discharge ports of Abidjan and Tema must be segregated 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.

Otherwise, cargoes are to be separated as per the separation paragraph below. 

Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Ivory Coast and Ghana 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:

- Non-U.S. flag vessels must be single-deck bulk grain carriers only, equipped with own cranes, i.e. vessel hold(s) where product is stowed to be discharged with vessel’s own cranes, cranes of minimum 25 MT SWL which permit discharging with  8 cubic meter shore grabs into shore hoppers.  Vessels must not be older than fifteen (15) years.  Year of original construction, not rebuilt date, to govern. All vessel(s) to be classed highest Lloyds or equivalent.

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

- Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account, but not exceeding New York market rate for U.S. flag vessels and not exceeding London Market rates for Non-US flag vessels, at time of application.  The Receiver/Buyer to produce quotes and vouchers to evidence that such overage penalty has been incurred.  For US Flag vessel over 15 years of age and ATB’s/ITBs, Owners are required to provide an additional certificate from the National Cargo Bureau (NCB) certifying that vessel’s hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo spaces. Cost of sealing and special survey are for account of Owner and in no way diminishes Owners’ liability and responsibilities toward the cargo.  Special note: On U.S. Flag, should the fixed vessel be enrolled in an insurance program that negates the overage premium requirement, Owner to provide such information and certifications for verification, and provide to the Receiver/Buyer to negate an extra insurance premiums. Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.

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

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

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

3.  Vessel Gear Requirements: 

- U.S. flag vessels may be non-geared and/or non-bulkers, but cargo to always be directly accessible by vessel or shore cranes/grabs.   In case US or non-US flag  vessel/barge is not equipped with jib cranes of minimum 25 MT SWL and/or cranes which do not permit discharging with 8 cubic meter shore grabs into shore hoppers, the vessel/barge owner shall hire at vessel/barge owners expense and risk a shore crane for each workable hatch with sufficient safe working load (SWL) capacity to operate 8 cubic meter shore grabs safely and efficiently, and when necessary provide all necessary operators and technicians for the equipment provided..  Any time lost as a result of the following not to count as Laytime or time on demurrage:

(A) Shore crane(s) not being immediately available upon the vessels arrival at the discharge port, and/or

(B) The initial setup of the shore crane(s) , and/or

(C) Breakdown or maintenance of shore crane(s)

Does not count as laytime or time on demurrage.

Non-geared U.S. flag vessels will be required to furnish all necessary discharge equipment to maintain the guaranteed discharge rate,at Owner’s expense, and when necessary provide all necessary operators and technicians for the equipment provided.

Non- US flag vessel to be equipped with own cranes, i.e. vessel hold(s) where product is stowed to be discharge with vessel’s own cranes, min capacity 25 MT SWL.  Any time lost on account of the vessel crane(s) breaking down or requiring  maintenance does not count as laytime or time on demurrage. 

- Discharge gear provided by Owner/Vessel shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.

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

4.  Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight 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.  Any other  commodities covered by this solicitation 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 SHELTER FOR LIFE cargo.  Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

6.  Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit and vessels that cannot be so fumigated will not be considered.  At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA , FGIS Fumigation Handbook dated July 10, 2020 and any subsequent revision of said handbook and according to the Fumigation Protocols for Bulk Cargo included in the USDA Foreign Agricultural Service (FAS) Notice to the Trade titled “Cargo Fumigation Requirements, dated February 16, 2023.  Fumigation must be witnessed by FGIS, USDA.  Dust retainers shall 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.   The removal and disposal of fumigant sleeves, pipes, dust retainers or toher fumigation materials used for Intransit fumigation shall be for Receiver’s time, risk, and expense and time used to count as laytime. 

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

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

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

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

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

9.  Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense.  Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments. 

10. Loading rate:

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

Vessel Contracted Quantity       Loading Guarantee

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

Bulk carriers:

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

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

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

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

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

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

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

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

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

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

(d) Discharge port Laytime accounts are to be settled directly between Owners and Buyers. Neither SFL nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch.   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, 

11. Discharge Terms Abidjan:   Vessel to be discharge at 1 safe berths port of Abidjan.  Without Guarantee, the Buyers indicate that the assigned discharge berth will, at all times, have a maximum SWAD of 9.35 meters and maximum LOA of 190 meters and maximum beam of 35 meters.  All time lost and all extra expenses resulting from vessel’s LOA exceeding 190 meters or vessel’s beam exceeding 35 meters or vessel’s arrival draft exceeding 9.35 meters SWAD are for the account of the Owners.

Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the rate of 3000 metric tons for Bulk carriers and 1500 metric tons for Tween/Multidecker’s  per weather working day of 24 consecutive hours, Saturdays, Sundays and official holidays (as per BIMCO holiday calendar) excluded, 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 an official holiday) shall not count against laytime, even if used.

Discharge Terms Tema: 

Vessel to be discharged at 1 Safe Berth Tema Port, Ghana.  Without guarantee, Buyers indicate that the assigned discharge berth will have a maximum SWAD of 9.0 meters and maximum LOA of 183 meters and maximum beam of 35 meters.  All  time lost and all extra expenses resulting from vessel's LOA exceeding 183 meters or vessel's arrival draft exceeding 9.0 meters SW  or vessel’s beam exceeding 35 meters are for the account of the vessel owner.

Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the rate of 3000 metric tons for Bulk carriers and 1500 metric tons for Tween/Multidecker’s  per weather working day of 24 consecutive hours, Saturdays, Sundays and official holidays (as per BIMCO holiday calendar) excluded, 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 an official holiday) shall not count against laytime, even if used. 

12. 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 (local time), Monday through Friday (except Saturdays, Sundays and Holidays), whether the vessel has been customs          cleared or not (WCCON); whether the 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 email.  Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth. 

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 Owner’s account. 

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 Owner’s 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, strike, lockdown 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, unlessvessel already on demurrage.   Once on demurrage, always on demurrage.  Laytime to stop on completion of cargo discharge.  Laytime not to count for the time take in opening /closing of vessel hatches. 

Laytime to stop on completion of cargo discharge. 

13. Owner's to appoint and pay for charterers' nominated agent at discharge port and pay said agent a fee which is not to exceed usual and customary levels. 

All customary port expenses for the vessel are for the account of the vessel owner . 

14. 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 charter party”.

15. Not later than 24 hours after completion of Loading Master and or owner and or agent to send a Sailing Notice to Charterer’s agent, Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com.  Said notice to state vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date, departure date (or ETD if vessel has not yet sailed), ETA Tema and any ports of call en route, and loaded draft of vessel ETA Tema.

16. Transshipment is not permitted.

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

18. Provisions applicable to U.S. Flag vessels

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

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

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

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

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

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

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

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

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

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

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

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

25. Port Restrictions due to COVID-19/Pandemic: 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's/Receiver's personnel, Buyer's/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 account and time

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

27. 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.

28. 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)

Issued: January 11, 2024