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Indonesia PA No. ID 5005
Award
No awards were made, as Indonesia chose not to purchase any peas.
Tender
Panalpina Inc., Project Division, Washington, DC
For and on Behalf of the Embassy of Indonesia for BULOG
Date: September 20, 2002
Freight Tender - Indonesia PL 480, Title I, FY2002 _ Bagged Peas
Panalpina, Inc., Project Division on behalf of the Embassy of Indonesia for Badan Urusan Logistik (BULOG)of Indonesia requests offers of U.S. and Non-U.S. flag geared vessel(s) to transport peas in bags to Indonesia under the P.L. 480, Title I, program, P.A. No. ID-5005. as follows: Towed barges are excluded. Integrated tug/barge (ITB) units will be considered. Container carriers will be considered basis delivery to the name discharge port for containers.
1. Cargo / Quantity: Approx. 4,000 NMT whole peas in new polypropylene bags of 50 kg. net each, plus 2 % extra empty bags, needle and twine freight free. Owners should consider offering a range of quantities to accommodate the quantity of commodity actually purchased. Vessel(s) to be fixed basis minimum/maximum quantities on gross metric tons basis (conversion factor of net to gross weight for 50 kg net bags being 1.0022).
2. Laydays, Type and Quantity:
Approx. 4,000 NMT _ November 5-15, 2002
Owners are encouraged to consider combining with the November 5-15 bagged peas cargo to load during the same laydays under the PL 480 Title I program for same discharge port
Offers giving a canceling date beyond last date of laydays specified will not be considered.
3. Owners to provide minimum 10 days pre-advice of vessel's ETA at load port. Pre-advice received by charterers after 1530 hours Washington, DC time will be considered as received on the following business day.
4. Loading: one to three safe berth(s), one to two safe US port(s) or Canadian transshipment point(s). The greater New Orleans/Mississippi River area, including, but not north of Baton Rouge, to be considered as one port. Columbia River District, including Portland, Oregon, to be considered as one port. San Francisco Bay area, including Sacramento, Oakland and Stockton, to be considered as one port. Container carriers to stipulate their FAS load ports (port(s) where the bagged peas in containers will be loaded onto the ocean going vessel)in their offer. In accordance with the Purchase Authorization, containers may be loaded at the peas mill(s), seller(s) arranging and paying for the pick up of empty containers from carriers yard/terminal, drayage to their mill/warehouse, stuffing the containers and returning same to carriers terminal at the named FAS port. PL 480 Title I regulations prohibit any intermodal shipment.
5. Load terms: For break bulk cargo: Vessel Load, the bagged peas being delivered to the load port at average rate of 1,500 MT per Weather Working Day, Saturdays, Sundays and Holidays except even if used (WWDSSHEXEIU). Service and facility charges, if any, to be for owners' account. Vessel load to include moving bagged peas from ship's side warehouse to vessel. For lash/seabee barges, no load rate guaranteed, no demurrage, no despatch and detention charges to be applied and same to be loaded in regular turn and without undue delay. Cargo shall not be loaded into deep wing/wing tanks and other spaces, which are not directly accessible to discharging equipment. Container carriers to make available to seller(s), containers that will be certified a federal or federal cooperator inspector, are wind tight and water tight, acceptable for long term storage and are not more than 10 years old and are not salvaged and have not been mustered out of regular service. There is no load rate guarantee applicable to container service and same will be loaded in regular turn for delivery of stuffed containers by seller(s) in sufficient time for loading onto the ocean going vessel within the contracted delivery period. In event carrier's container is rejected by the inspector at the mill then carrier is responsible for replacing the rejected container at carriers expense and time.
6. Laytime accounts are to be settled directly between vessel owners and commodity suppliers at load port. Under no circumstances shall CCC or charterers be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between vessel owners and the commodity suppliers. Any/all disputes between owners and commodity suppliers arising out of this contract relating settlement of laytime issues shall be arbitrated in New York subject to the rules of the Society of Maritime Arbitrators, Inc.
7. Discharge: For Break Bulk cargo to 1 to 3 safe berths Tanjung Priok, Jakarta, where max 9.7 M SW draft at berth.
Container carriers to deliver the bagged peas in containers for receivers to drayage from container yard, unstuffy at their warehouse and return empty containers back to carrier or to permit receivers, at receiver's option to unstuff container directly into trucks at the port, at receivers account. Receiver will not pay any handling charges that maybe levied by carriers agents as fees and charges on the containers, over and above freight rate that was agreed upon.
8. Discharge terms: For all ports: Free Discharge at the average rate of 200 MT per working hatch per day but maximum 1,000 MT per WWDSSHEXEIU, provided vessel can discharge at this rate. Geared vessels must be fully geared for each working hatch with minimum capacity of 8 MT per hatch. Geraless vessels to supply and operate sufficient discharging equipment to enable vessel to discharge at the rate stated above. No discharge rate guaranteed for LASH barges. LASH barges to be discharged basis customary quick despatch. Container carrier to deliver the cargo to charterer's agents at port of Manila in containers CY (Container Yard) basis. Charterer's agents will receive the cargo from container carriers at the rate of 500 MT per day WWDSSHEX EIU.
9. Geared vessel(s) must be fully geared with minimum capacity of 8 tons each hatch. Gearless vessel(s) to supply and operate sufficient discharging equipment to enable the vessel to discharge at the rate provided as per Cl. 8 above at owners' expense and risk.
10.Vessels 15 years or older and push-mode ITBs must have all openings to cargo spaces and hatch covers suitably sealed with tape or by other means to assure watertight integrity. The sealing shall be done to the satisfaction of NCB surveyor as attested by certification of special survey. All of the above to be performed at vessel's time, risk and expense. Special survey certificate will be required as a condition of freight payment. Sealing of hatches/openings and special NCB certificate in no way diminishes the owner's responsibility and liability towards the cargo.
11. Owners are to appoint agents nominated by the charterers at discharge port(s) with owners paying customary agency fees provided those fees are competitive.
12. Laytime account to be settled directly between owners and charterers. Owners to prepare and submit within 30 days of completion of discharge a signed laytime statement to Panalpina, Inc., Project Division for approval including copies of the statement of fact and notice of readiness duly signed by the master/owners, or owner's agent and charterers / receivers or their agent.
13. Full or partial lightening at discharge port if required, to be at owner risk, time and expense. Lightening to be performed in the territorial water of Indonesia. Owners to remain fully responsible for cargo during the lightening operation. Cost of lightening to be quoted in the offer. If full lightening, laytime at discharge port to commence at 0800 hours next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge. In the event of partial, vessel will not be considered ready until owners have arranged lightening and vessel has reached the stipulated draft. All time lost, before vessel reaches the stated draft is not to count as laytime used. Laytime is not to commence prior to 0800 hours on the next working day following completion of lightening and presentation of valid notice of readiness. Laytime allowed, whether full or partial lightening , shall be based on the Bill(s) of Lading weight.
14. Freight rate to be quoted for a) Break bulk cargo freight rates to be quoted in U.S. dollars per gross metric ton FAS US Port, basis one loading port and one discharge port. Bidders are requested to submit separate rates for bagged peas that is delivered in break bulk and for bagged peas delivered in slings. Extra empty bags to be carried freight free. Additional freight, if any, to be stated for additional load and/or additional load range(s). Premiums for additional load port(s) / ranges will considered in determining lowest landed costs in situations where the commodity is likely to be loaded at more than one port / range. Cost of lightening to be stipulated in the offer. In the event lightening is not performed at the discharge port(s) and vessel discharges directly at discharge berth, said lightening costs shall be deducted from the freight. B) Bagged peas delivered in Containers FAS container terminal/yard, container carriers to offer freight basis FAS US Load port (named) to the named discharge port and terminal, basis CY terms with demurrage rate applicable after allowed laytime expires at the discharge port.
15. Laytime will be non-reversible.
16. Demurrage / despatch to be stipulated in offer with despatch rate to be one half of demurrage rate. Freight offers not to contain detention rate. Offers will not be considered non-responsive because a detention rate was given, however the related charter party and/or liner booking contracts may not contain a detention rate.
17. At discharge port, on inspection by receivers' inspectors, if cargo and/or vessel or cargo and/or container is found to be infested, and provided clean B/L was issued, cargo and/or vessel or cargo and/or container to be fumigated by owners at their risk/expense, with time counting for U.S. flag and not to count on non-U.S. flag vessels. Fumigation time used for containers will not count as laytime at discharge port.
18. Any additional/completion cargoes must be duly separated and must be compatible and non-injurious to the Indonesia PL 480 Title I cargo and must be detailed in the offer or approved by Charterer and USDA if contracted after the Indonesia PL 480 Title I cargo. Vessels' itinerary and geographic proximity of completion cargo(es) will be taken into consideration by Indonesia/USDA in approval of such part cargo(es) in order not to impede delivery of cargo to Indonesia.
19. If vessel presents after laydays canceling time and date, owners shall be fully responsible for any and all charges including carrying charges (storage, interest, insurance and fumigation charges) that may be assessed by the supplier of the commodity against the charterers.
20. Foreign flag vessel(s) should not be older than 20 years and must be classed highest in the Lloyd's Register or its equivalent. Date of original construction not rebuilt date to govern. Extra Insurance for US flag or Non US Flag on cargo incurred due to vessel's age/type (incl. tug and barge) class/flag/ownership for owner's account. US Flag vessels extra insurance shall be based on New York Market rate and Non US Flag vessel extra insurance premium shall be based on London Market rates.
21. Offers of U.S. flag vessels will not be considered if the vessel operator has not provided the Maritime Administration (MARAD) with the vessel costs prior to submission of the offer.U.S. flag vessel which require prior approval from MARAD to participate in preference cargoes because of Operational Differential Subsidy (ODS) contract constraints, or because of reflagging / foreign construction eligibility issues must obtain such MARAD approval prior to submission of bids. U.S. flag vessel offered subject to MARAD approval will not be considered.
22. U.S. flag vessel(s) approved rate(s) will be reduced to no higher than MARAD fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel (including tug and/or barge).
Offers of U.S. flag vessel older than 15 years must indicate an alternate freight rate to be applicable in the event the vessel is either scrapped or vessel is transferred to another owner after discharge at destination but prior to her return to the United States.
23. Offers received shall be considered to warrant that the offered vessel is free from any lien and fully insured and entered in a P and I club.
24. Section 408 of the Coast Guard Authorization Act of 1998, Public Law 105-383 {46 U.S.C. paragraph 2302(e)}, establishes effective January 1, 1999, with respect to non-U.S. flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (preference) cargo(es) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this IFB is a government impelled (preference) cargo, offeror must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (preference) cargo(es).
25. Owners to guarantee that this vessel complies fully with the international safety Management (ISM) Code if required, and is in possession of a valid document of compliance and Safety Management Certificate and will remain so for the entirety of her employment under this charter party. Owners are to provide charterers with satisfactory evidence of compliance, if required, to do so and 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 Code.
26.Successful bidder will post a performance bond within five (5) working days in the form of an irrevocable L/C equivalent to 5 (five) % of the ocean freight in favor Embassy of Indonesia, C/O Panalpina Inc. Project Division, 1100 Connecticut Ave. NW, Suite 520 , Washington DC 20036 by a first class U.S. bank. Said L/C to be valid for 30 days beyond the canceling date of the relevant charter party. However, Panalpina Inc. will release the said bond upon vessel presentation for loading within the contracted laydays. The L/C is to be collectible by draft at sight accompanied by a statement from the beneficiary that ship owner did not deliver the goods as stated on the bills of lading. Under no circumstances is the performance bond to be considered the maximum liability or liquidation of damages incurred due to non-performance by the ship owner.
27. For US Flag Payment of (one hundred) 100 % of ocean freight shall be made in accordance with terms of the charter party upon satisfactory notice of vessel's arrival at the first or sole discharge port as stated in the Charter Party. USDA/CCC will pay the US flag owner the Ocean Freight Differential directly. Charterer will open an irrevocable letter of credit to US flag owner's favor, confirmed by a prime U S bank. Payment against said letter of credit will be made upon owner submitting the required documents. For NON US flag , charterer will issue an irrevocable letter of credit in favor of the ship owner, confirmed by a prime US bank. Payment of 95 percent of the ocean freight earned shall be payable on vessel's arrival at the discharge port and against submission of documents as required by the letter of credit. Balance 5 pct of the ocean freight shall be payable upon settlement of demurrage/despatch at discharge port. Any despatch earned shall be deductible from the balance freight. In case of any extra insurance premium due charterer shall also be deducted from the balance ocean freight.
28. All other items and conditions are as per C/P Norgrain as adapted September 2002 for bagged cargo and which is available from Panalpina, Inc., Project Division.
29. All offers must be received by Panalpina Inc. Project Division, 1100 Connecticut Ave, NW, Suite 520, Washington, DC 20036, FAX 202 659 2830, not later than 1100 hours, Washington DC time, September 24, 2002 and offers must remain valid through 1700 hours, Washington DC time, September 27, 2002. Offers may be submitted by letter or fax. No telephone offers will be accepted. Charterers will not consider any fax offers which have not started printing by 1100 hours Washington, DC time September 24, 2002. Offers submitted basis "subject open" must lift their subjects by 1000 hours, Washington, DC time, September 25, 2002. Offers received after the time stipulated above or based on other than the terms of this IFB will not be considered responsive to this tender. Only offers which are responsive to this tender will be considered and no negotiation shall be permitted on US Flag Offers. Charterers reserve the right to accept or reject any or all offers. Only US flag offers will be opened and read in public.
30. Commissions: For U.S. flag offers, if owners offers are made directly to charterers, a commission of 2.5 % on freight, deadfreight and demurrage is payable to Panalpina, Inc., Project Division, vessel lost or not lost. If U.S. flag offers are made through a broker, the commission payable to Panalpina, Inc., Project Division is 2/3 of 2.5%. For all Non US Flag offers a commission of 2.5% on freight, deadfreight and demurrage is payable to Panalpina Inc., Project Division, vessel lost or not lost.
End.
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