Panalpina Inc., Project Division Washington, DC
For and on behalf of the Embassy of Philippines
Date: August 8, 2002
Freight Tender-Philippines PL 480, Title I, FY 2002
Soybean Meal in Bulk Philippines P.A. No.: RP-5023.
Award
USDA Reference Number: RP 5023
COMMODITY: Soybean Meal in Bulk
QUANTITY: 41,040 MT 5 pct more or less o/ o.
OWNER: Liberty Maritime Corporation as agents for Liberty Shipping Group Limited
Partnership.
VESSEL: MV LIBERTY STAR, US Flag Built 1986, Geared Bulk Carrier
DWT About 64,152 MT on 13.12 M SW; LOA 225 M; Beam 32.2M; 4 X 15 Ton Cranes ,
Speed About 16 knots.
LOAD PORT: 1 to 2 SB Mississippi River including but not north of Baton Rouge.
LAYDAYS: September 15-25, 2002, ETA US Gulf Sept 15, 2002
DISCHARGE PORT: 1 to 2 safe berths , Manila and or Subic at charterer's option.
FREIGHT RATE: US$ 89.00 Per MT for Manila. US$91.72per MT for Subic, basis one
to one plus US $ 2.25 PMT on entire quantity for 2nd discharge port if used. No
lightening costs. One way rate $57.36 PMT for Manila and $60.02 PMT for Subic.
TERMS: As per Freight Tender and Charterer's Charter Party Proforma.
USDA Reference Number: RP 5023
COMMODITY: Soybean Meal in Bulk
QUANTITY: 13,667 MT 5 pct more or less o/ o.
As full or part cargo owners option.
OWNER: IMC Maritime Group.
VESSEL: MV AURORA EMERALD, Philippine Flag Built 1984, Geared Bulk Carrier ; DWT
33,264 MT on 10.77M SW; LOA 179.5 M; Beam 27.6M; 4 X 25 Ton Cranes , Speed About
13.5 knots.
LOAD PORT: 1 to 2 SB Mississippi River including but not north of Baton Rouge.
LAYDAYS: September 15-25, 2002,
DISCHARGE PORT: 1 to 2 safe berths , Manila and or Subic at charterer's option.
FREIGHT RATES: US Dollar 48.50 Per MT for Manila or Subic, basis one to one plus
US $ 2.00 PMT on entire quantity for 2nd discharge port if used.
TERMS: As per Freight Tender and Charter Party Proforma.
Best Regards,
Elizabeth J. Hasiak
Marketing Manager
Panalpina, Inc., Project Division
1100 Connecticut Avenue, NW - Suite 520
Washington, DC 20036
Tel.: (202) 659-2825 Fax: (202) 659-2830
E-mail: elizabeth.hasiak@pawas.panmail.com
Internet: www.panalpina.com
Tender
Panalpina, Inc., Project Division on behalf of the Department of Agriculture, National Agricultural and Fishery Council of the Government of the Philippines requests offers of U.S. and non-U.S. flag geared vessels suitable for the carriage of full or part cargoes of soybean meal in bulk financed under PL-480, Title I and P.A. No: RP-5023. (Tankers and towed tug-barge arrangements are not acceptable.)
1. Quantity and laydays: approximately 55,000 MT - 60,000 MT Soybean meal in bulk 5 pct. MOLOO. Laydays: September 15-25, 2002. Vessel owners and brokers should consider offering vessels to carry a range of tonnages in the event the quantity purchased is more or less than the quantity stated in this tender.
2. Commodity: one grade soybean meal in bulk.
3. Loading: 1 or 2 SB each, 1 or 2 safe U.S. ports or Canadian transshipment points. The Mississippi River, not north of but including Baton Rouge; the San Francisco Bay area including Stockton, Sacramento, and Oakland; and the Columbia River District including Portland, each respectfully to be considered one port.
4. Discharging: 1 or 2 SB each, Manila and/or Subic, where maximum draft is 10.7 meters for Manila and 19 meters for Subic.
5. Loading terms: vessel load at 5,000 MT per WWDSATSHEX EIU for bulk carriers and 2,500 MT per WWDSATSHEX EIU for multi-deckers (including Liners). No load rate guarantee for lash/seabee barges, but same are to be loaded in regular turn without undue delay.
6. Demurrage/Despatch to be settled directly between ship owner and commodity supplier. Neither buyer nor USDA/CCC will be held liable or be responsible for any demurrage/despatch at the load port(s). Any disputes in calculation of laytime at load port(s) to be settled directly between seller and ship owner. If required, arbitration will be accordance with the prevailing charter party i.e. at New York and to be settled in New York in accordance with Society of Maritime Arbitrators (SMA) rules.
7. Discharging terms: For Manila: Free out at the rate of 600 MT per working hatch per day, but not to exceed 3,000 MT per WWDSATSHEX EIU for bulk carriers and 400 MT per working hatch per day, but not to exceed 2,000 MT per WWDSATSHEX EIU for multideckers (including liners). No discharge rate guarantee for lash/seabee barges. Time from 1700 hrs Friday or day preceding Holiday until 0800 hrs Monday or next working day following holiday is not to count as laytime, even if used. For Subic: Free out at the rate of 500 MT per working hatch per day, but not exceed 2,500 MT per WWDSATSHEX EIU for bulk carriers and 400 MT per working hatch per day, but not exceed 2,000 MT per WWDSATSHEX EIU of multideckers (including liners) Time from 1700 hours Friday or day preceding Holiday until 0800 hrs Monday or next working day following Holiday is not to count as laytime even if used.
8. Vessels must be suitable for grab discharge and be capable of discharging from all hatches simultaneously.
9. Vessels 15 years or older must have all opening to cargo spaces and hatch covers suitably sealed with tape or by other means to assure water-tight 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.
10. Vessels arriving at the discharge port with a draft in excess of that guaranteed by charterers are to lighten up to acceptable draft at owner's time, risk, and expense. Notice of readiness to discharge will be considered tendered only upon attainment of the guaranteed draft and laytime shall commence at 0800 hrs on the next business day. Allowed laytime will be based on Bill of Lading quantity, regardless of the quantity of cargo lightened.
11. Discharge port laytime accounts are to be settled directly between charterer and the vessel owner. Vessel owner to prepare and submit signed discharge port laytime statement to Panalpina Inc. Project Division for approval within 30 days of completion of discharge. Discharge port Notice of Readiness and discharge port Statement of Facts, both signed on behalf of the charterer and the vessel owner are to be presented with signed discharge port Laytime Statement. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of laytime or the payment of demurrage or despatch between charterer and vessel owner. Any/all disputes between charterer and vessel owner 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. Charterer or their agents to furnish promptly to the Director PL 480 Operations Division, USDA one copy of the Notice of Readiness, signed Laytime Statement and Statement of Facts at discharge port.
12. At discharge port(s), and upon inspection by Government Inspectors, if cargo and/or vessel is found to be infested, and provided clean Bill(s) of Lading were issued, fumigation costs, if any, are for owner's account. Time used for fumigation is not to count as laytime for non-U.S. flag vessels. Time used for fumigation is to count as laytime for U.S. flag vessels.
13. Owner to give ten (10) day pre-advice of vessel's arrival at load port with final declaration of quantity to be loaded.
14. Part cargo offers must provide full details of the completion cargo. Any completion cargo will be subject to Charterer's and USDA approval. In all instances, this soybean meal cargo must be separated by vessel's natural segregation from any other completion cargo. Completion cargoes must be compatible and non-injurious to this cargo
15. 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 offer.
16. U.S. flag vessels approved rate(s) will be reduced to no higher than the Maritime Administration fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel (including tug and/or barge). For vessels loading less than a full cargo, the less than full cargo freight rate will be subject to a reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.
17. Vessels to have mechanical or hydraulic hatch covers, if not, Owners to provide rain tents for all hatches.
18. Cargo shall not be loaded into deep/wing tanks and other spaces, which are not directly accessible to grab discharge, if same to be utilized.
19. Service and facility charges at loading, if any, are for owner's account.
20. Charterers reserve the right to negotiate non-U.S. flag offers.
21. Vessel's agent at loading to be nominated by owner. Charterer to appoint a load port Protective agent, owner paying the protective agency fee of US $ 1,800 per load port.
22. Vessel's agent at discharge to be nominated by charterer with owner paying all customary applicable fees provided they are competitive.
23. Any extra insurance due to vessel's age, type, class, flag or ownership is to be for the account of the owner basis New York market rates (for U.S. flag vessels) and London market (for non-U.S. flag vessels. Non-U.S. flag vessels up to 15 years of age are acceptable. Any overage insurance premium will be for account of owner.
24. All freight rates are to be quoted basis 1 load port to 1 discharge port plus extra freight for additional load and/or discharge port(s). Premium for additional load and/or discharge port(s) will be considered in determining the lowest landed cost in those situations when commodities are likely to be loaded or discharged at more than one port. Cost of lightening to be stipulated in the offer. In the event lightening is not performed at the discharge port and vessel directly discharges at berth, said lightening costs shall be deducted from the freight. Demurrage/despatch rates are to be stipulated in offer with despatch rates to be half the demurrage rates.
25. A) For U.S. flag vessels 100 % of the total freight to be paid upon vessel's arrival at the first or sole port of discharge
B) For non-U.S. flag vessels 95 pct. of the total freight to be paid upon vessel's arrival at discharging port and 5 pct. balance of freight will be paid upon settlement of demurrage or despatch upon receipt of discharging documents. Charterers are responsible for opening freight letter(s) of credit prior to cargo being loaded at U.S. ports or Canadian transshipment points through a U.S. banking institution to cover the payment of ocean freight.
26. Laydays will be non-reversible .
27. Offers should not contain a "detention rate". Offers will not be considered non-responsive solely because a detention rate was given; however, the related charter parties and liner booking contracts may not contain a detention rate.
28. 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 (15) years from date of fixture.
29. Offerors are encouraged to include the following information in addition
to tender terms and conditions:
a. Vessel owner's name and full style.
b. Broker's name and full style (if utilized).
c. Name of vessel with full vessel particulars including year built (rebuilt);
DWT; cubic capacity for grain; description of gear (type, capacity, etc.); LOA;
beam; number of holds/hatches; speed fully laden.
d. Present location and ETA load range.
e. ETA discharge port.
f. Quantity offered.
g. Load port/range offered.
h. Discharge port(s) offered.
i. Freight rate per MT in U.S. dollars.
j. Additional charge for additional load and discharge port(s).
k. Demurrage/despatch rates.
l. Terms offered (as per tender).
m. Commissions
30. 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 of The Embassy of The Philippines, Washington DC C/O Panalpina Inc. Project Division, Washington DC as agents for charterer, 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. Project Division will release the said performance bond upon vessel presentation for loading within the contracted laydays. The performance bond is to be collectible by draft at sight accompanied by a statement from the beneficiary that shipowner 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 shipowner.
31. All offers and subsequent awards are subject to the provisions of PA No. RP-5023 and Public Law 480, Title I regulations.
32. ISM code requirements as incorporated into proforma C/P.
33. 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).
34. 2.5% brokerage commission is payable by owners on gross freight/deadfreight/demurrage to Panalpina, Inc., Project Division on non-U.S. flag fixtures and on U.S. flag fixtures and on U.S. flag fixtures if offered direct. On U.S. Flag if a broker is involved, 2/3 of 2.5 % to above agent and 1/3 of 2.5 % to broker.
35. All offers must be submitted in writing, hand delivered in sealed envelopes or by telefax and be in accordance with this freight tender and charterer's proforma C/P (Norgrain as adapted August 2002) which is available from charterer's agent. Verbal or telephone offers will not be considered. Late offers will not be considered. Only offers in accordance with this tender will be considered. If a telefax offer begins to print before the time specified below and continues printing past that time, charterer will consider the offer as if it had completed printing by the specified time. For U.S. flag offers, negotiations, clarifications, or additional information will not be permitted.
U.S. flag offers will be opened and read in public at the offices of:
Panalpina Inc. Project Division
1100 Connecticut Avenue, NW., Suite 520
Washington, DC 20036.
Fax: (202) 659-2830
All offers must be received no later than 1100 hours Washington, DC time on August 12, 2002 and remain valid through 1700 hours Washington, DC time on August 15, 2002. Offers submitted "Sub Open" must lift the subject by 3.00 PM August 13, 2002.
For further information, contact Panalpina, Inc., Project Division. Telephone: (202) 659-2825.
Norberto M Chavez
PLEASE NOTE NEW E-MAIL ADDRESS
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Norberto M Chavez
Panalpina, Inc., Projects Division
1100 Connecticutt Ave., NW, Suite 520
Washington, DC 20036
Tel: (202) 659-2825 Fax: (202) 659-2830
E-Mail: norberto.chavez@panalpina.com
Panmail: WASPJPT
Internet: www.panalpina.com
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