Bangladesh Award23-011B

23-011B Bangladesh Tender

March 25, 2024

23-011B Bangladesh Tender

March 14, 2024

Freight Tender 

Program:  Food for Progress 

Country:  Bangladesh 

Date:  March 14, 2024

IFB Number:  23-011B

Agreement FCC-388-2023/010

WBSCM Commodity Solicitation Number 2000009963

WBSCM Freight Solicitation Number 2000009964

Muller Shipping Corporation, New York announces the following freight tender for account of ACDI/VOCA, and requests offers of U.S. and non-U.S. flag geared vessels for the carriage of commodities under the Food for Progress program.

N.B.  Fumigation to be performed in compliance with latest notices and revisions issued by the USG.  For additional information see https://www.usaid.gov/procurement-announcements?category=42261 and https://fas.usda.gov/ocean-freight-tenders 

Cargo:  Up to approximately 22,300 metric tons Yellow Soybeans (YSB) in bulk 

WBSCM S.O.:  5000897553 

Laycan:  April 25-May 5, 2024

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

Discharging:  1-2 Safe Anchorages, Chattogram (formerly Chittagong) port area, Bangladesh 

Load Terms:   Scale Gross Load (see below)

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

Offerors are encouraged to offer the ACDI/VOCA cargo in combination with LWR cargo of 22,300 MT bulk Soybeans and ASA cargo of 1,400 MT bulk Soybeans to Bangladesh issued under separate freight IFBs. The three soybean cargoes of ACDI/ VOCA, LWR and ASA 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.

SUBMISSION OF FREIGHT OFFERS:

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above.  All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein. 

Freight offers are due no later than 10:00 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) on March 20, 2024.  Only firm offers will be accepted.  All offers must remain valid through close of business U.S. Eastern time March 22, 2024. No phone offers or offers via e-mail will be accepted.

Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday.  Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.

When submitting a freight proposal in WBSCM, the Carrier confirms their proposal is firm and in agreement with the terms and conditions of the freight solicitation(s).  In the event a Carrier submits a freight proposal and withdraws the proposal after USDA receives and awards the commodity offers, the Carrier shall be responsible for all expenses resulting from the withdrawal including, but not limited to, re-procurement costs and additional freight costs.

The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM 

Carriers must be assigned an USDA eAuthentication logon ID and password to access the WBSCM system. Contact the WBSCM Help Desk for information regarding logon IDs, passwords, and WBSCM system questions or concerns:

Telephone:  (877) 927-2648

E-mail:  WBSCM.ServiceDesk@caci.com

There have been significant changes to the Cargo Preference legislation.  Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.

Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load.  Pre-advice notice must be received at office of Muller Shipping Corp. prior to 1100 New York time on a regular business day to be considered received on that day.  If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.

Terms/Conditions:

1.  Vessel Restrictions:

- Non-U.S. flag vessels must be single-deck bulk grain carriers only and must not be older than fifteen (15) years.  Year of original construction, not rebuilt date, to govern.  U.S. flag vessels may be non-bulkers, but cargo to always be directly accessible by vessel cranes/grabs.  U.S. flag ITB/ATBs will be considered but towed barges are not acceptable.  All vessel(s) to be classed highest Lloyds or equivalent.

- All vessels 15 years and older and all ITB/ATBs 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.  Special note: On U.S. Flag, should the fixed vessel be enrolled in an insurance program that negates reduces overage premiums, vessel Owner to provide such information and certifications with offer for verification for Charterers to present to the Buyer.

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

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

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

3.  Vessel Gear Requirements: 

Vessels must be equipped with own cranes capable of 30-ton capacity and capable of handling grabs and have sufficient size and quantity of grabs on board to maintain the guaranteed discharge rate. Number of grabs and size to be detailed in Remarks section of offers.  Owners to provide at their expense all personnel to operate equipment, necessary motor power and fuel to operate all discharge equipment and support equipment, and any necessary technicians.  Vessel gear, including grabs, shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.  Pneumatic discharge is not permitted.

- Opening and closing of hatches at loading ports shall be performed by the Vessel's crew at the Owners' expense.  If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.

4.  Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight for additional load/discharge ports, if used..

5.  The ACDI YSB covered by this freight tender may be commingled with soybeans of the 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.  Otherwise, ACDI YSB must be fully segregated from any other cargoes carried by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick plywood dunnage boards with drilled holes in order to accept fumigation.  If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account. Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.

Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality.  Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of cargoes covered by this IFB.  Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

6.  Vessels shall be fumigated with an aluminum phosphide preparation in-transit. Commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook (https://www.ams.usda.gov/sites/default/files/media/FumigationHB.pdf) and meeting the requirements as written in the USAID and FAS Fumigation Protocols for Bulk Cargo Notice to the Trade dated February 3, 2023 (https://www.usaid.gov/node/490041) and any subsequent revisions. Fumigation shall be witnessed by FGIS, USDA, and the aluminum phosphide preparation shall be contained in packaging as described in the Fumigation Handbook. Dust retainers shall be used. For bulk carriers (including push mode integrated tug barges), the recirculation method of fumigation shall be used.

The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for in-transit fumigation shall be for Receiver’s account and time used to count as Laytime.

At the discharge port and upon inspection by government inspectors, if cargo and/or vessel is found to be infested and provided clean bill(s) of lading were issued, fumigation costs are for owner's (vessel's) account, time not to count as Laytime or time on demurrage.

7.  Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS) and to provide same to Charterer’s agent immediately upon issuance, but in any case not later than upon completion of loading.

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 surveyor.

9.  Loading Port(s):  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.

10. Loading rate:

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

Vessel Contracted Quantity       Loading Guarantee

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

Bulk carriers:

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

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

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

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

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

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

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

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

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

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

(d) Discharge port Laytime accounts are to be settled directly between Receivers Agrocorp International Pte, Ltd. Singapore and Vessel Owner.  Under no circumstances shall USDA/CCC or Charterers 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.

Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Muller Shipping Corporation, New York, Fax: 516-256-7701/email cargo@mullershipping.com

Laytime between load port(s) and discharge port(s) is non-reversible

11. Discharge Terms:  Vessel to be discharged at One (1) to Two (2) Safe Anchorage(s), One (1) Safe Port, Chattogram/Chittagong, Bangladesh.  Owners are responsible for vessel arriving at the discharge port within the allowable draft and otherwise in compliance with port restrictions. Vessels arriving over 10.5 m draft must proceed to outer anchorage Kutubdia. Once 10.5 m draft is reached, vessel may be shifted to inner anchorage and the balance discharge is completed. In the event vessel arrives with less than 10.5 m draft, vessel may be able to proceed directly to the inner anchorage and discharge basis one to two inner anchorage points.  Time used for initial, first shifting into inner anchorage from outer anchorage shall not count as laytime, with shifting expenses for Owner’s account.  In case vessel directly proceeds to Inner anchorage by skipping outer anchorage (Kutubdia), one shifting between Inner anchorages (if any) shall not count as laytime, with expenses for Owner’s account. All other shifting at anchorage for Buyer’s account and to count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port.

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 3,000 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, Fridays, Saturdays, and holidays excepted, even if used (WWDFSHEX EIU) on the basis of the bill of lading quantity. Time from 1700 hours local time Thursday (or on a day preceding a holiday) through 0800 hours local time Sunday (or day after holiday) shall not count against laytime, even if used.

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 delays caused by floods, quarantine for reasons other than COVID-19 as covered below, or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage.  

The first opening and last closing of hatches at each discharge anchorage shall be at the owners' expense and time not to count as laytime.  All other hatch operations at discharge port for Receiver’s time, risk and expense. 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.

12. Notice of Readiness (NOR) to discharge to be delivered at the office of Receivers or Receiver’s Agent during normal office hours, between 0900 hours and 1700 hours Sunday through Thursday, (Friday, Saturdays and holidays excluded), whether vessel has been customs cleared or not (WCCON), whether vessel has been granted free pratique or not (WIFPON), whether vessel in is port or not (WIPON), whether vessel is in berth or not (WIBON).  Laytime to commence at discharge port at 0800 hours on the next working day after NOR has been tendered in accordance with these provisions.  At vessel’s option, NOR may be tendered in writing by cable, telex, facsimile or email.  Furthermore, at the Vessel’s option, NOR may be tendered if the vessel is at anchorage waiting for berth.  All times local times.

13.  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 (or similar restrictions) and thus causing the vessel to be detained from entering the port and discharging the cargo: 

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/re­berthing 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/re-berthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for Buyer's account and time.

14. Receivers shall appoint and pay stevedores at the Discharge Port(s).  Receivers reserve the right to nominate agents at the discharge port(s) to be appointed by Owners, with agency fees for Owner’s account, but not to exceed customary applicable fees.  Buyers anticipated agents for nomination, subject to change:

Safe Shipping Lines Ltd.

Mabud Chowdhury Centre

Nur Mia by Lane (2nd Floor),

3 No. Jetty Gate-Bandar.

Chattogram - 4100, Bangladesh.

ops@safeshippinglines.com

15. 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.

16. Transshipment is not permitted.

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

18. Provisions applicable to U.S. Flag vessels

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

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

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

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

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

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

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

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

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

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

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

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

25. 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. Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC).  Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.

Further Charterer/ Receiver may require samples of beans to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.

27. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's Agent / Freight Forwarder, Muller Shipping Corporation.

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

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER