IFB 11-036B Dominican Republic Tender Award

March 15, 2012

Booking Details for IFB No. DR-FINCA-FFP-11-036B

Charterer:          FINCA International

Owner:              USS Holding LLC

Vessel:             U.S. Flag Tank Barge “Sea Crest” / Tug “Baltic Dawn”

Loadport:          1 Safe Berth, 1 Safe Port U.S. Gulf

Discharge:        1 to 2 Safe Berths, Rio Haina, Dominican Republic

Laydays:           March 19-29, 2012

Frt Rate:           $247.50 per MT basis 1 loadport/1 Discharge Port

                        Add LS $15,000 for 2^nd discharge berth, if used.

All other terms and conditions remain unchanged.

IFB 11-036B Dominican Republic Re-Tender

March 5, 2012

Re-Tender:  FINCA – FFP Blk CDSBO to Dominican Republic

Panalpina, Inc. for and on behalf of FINCA International, tenders and requests offers of U.S. and non U.S. flag tankers for the carriage of Crude Degummed Soybean Oil in bulk under the Food for Progress Program on the following basis:

Date:                                       March 5, 2012

IFB No.:                                  DR-FINCA-FFP-11-036B
Freight Solicitation No.:      2000000889

Commodity Solicitation No:           2000000888

 1.         Quantity/laydays:

            1,820 Metric Tons Minimum/Maximum of Crude Degummed

Soybean Oil (CDSBO) in bulk.     

 2.         Laydays:  March 19-29, 2012

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.

If contracted on part cargo basis, owner is to provide itinerary of vessel.  Any additional completion cargo(es) must be duly segregated by tank, must be compatible and non-injurious to FINCA International CDSBO cargo, and must be detailed in offer or approved by Charterers/USDA if contracted after fixture of FINCA International  CDSBO cargo.  Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by Charterer/USDA in approval of such part cargo(es) in order not to unduly impede delivery of FINCA International’s cargo(es) to Dominican Republic.

3.         Owners to provide 10 (ten) days preadvice of vessel readiness to load.  The 10 day preadvice must be received by charterer’s agent no later than 11:00 am (Washington DC time) on the business day it is given.  Preadvice received after that time will count as received on the next business day.

Prior to tendering notice of readiness (NOR) at first load port, owner to provide all necessary inspection certificates including Vessel Tank Inspection Certificate evidencing cleanliness of all tanks to be loaded for this fixture.  Inspections to be performed and certificates to be issued by an independent surveyor at owner’s expense.

Also at time of tendering notice of readiness, owner to provide certification that the last three cargoes carried in cargo tanks were clean, unleaded and non-toxic.  Further, owners to certify that the immediate previous cargo for tanks, lines and pump systems are in compliance with the NIOP/FOSFA list of acceptable previous cargoes.  Certification to be provided as noted in clause 14 of this tender.

In the event that any of the last three cargoes were not food grade cargoes and if vessel tanks fail to pass initial inspection by the surveyor, additional test for trace cargoes to be evidenced by means of a wall wash test at owner’s expense 

4.         Loading port:   1 /2 safe berths, 1 / 2 safe U.S. Ports 

5.         Discharge port:  One to Two safe berth(s) Rio Haina, Dominican Republic. 

6.         Loading terms:  Free in at the rate of 150 MT per running hour, WWDSHINC, with demurrage, no despatch.        

7.         Discharging terms:  Berth terms with no demurrage/no despatch/no detention. 

 8.         Loading and stowage to be approved by National Cargo Bureau and Certificate of NCB required.  Owners to provide additional NCB certification that any other openings leading to cargo compartments have been sealed.

 9.         Vessel to provide all necessary equipment (including main/stripping pumps, hoses, and reducers) in good working order to effect discharge of the cargo into tank trucks and/or rail tank cars and/or shore tanks.  Pumps must have a minimum pressure of 50 PSI with pumping capacity of at least 150 MT per hour and able to pump water with adequate pressure to clean hoses and pipes at discharge terminal.

10.       At each loadport owner to appoint and pay for stevedores.  At discharge port             Charterer/receivers to appoint and pay for stevedores.

11.       At each loadport owner to appoint and pay for vessel’s agent.  At each load port   Charterer shall appoint a load port protective agent, owner to pay Charterer’s agent Panalpina, Inc. a fee of USD 1,800.00.

            At discharge port Charterer/receiver shall nominate the vessel’s agent at the discharge ports, who owner will appoint and pay.

12.       Only clean offers of named vessels with full particulars will be considered.  The performing vessel and any lighterage vessels utilized must comply with the Federation of Oils, Seeds and Fats Association Ltd (FOSFA) “operational procedures for all ships engaged in the ocean and short sea carriage and transshipment of oils and fats for edible and oleo-chemical use”, hereinafter “FOSFA OPS” except as modified elsewhere herein and in the proforma Charter Party.  Offerors are encouraged to include the following information:  name of vessel and flag/full style vessel owner/operators/year built/length overall/beam/classification/type/vessel’s actual warranted service speed/ number of tanks/number of pumps/systems, capacity / current employment and cargo, contracted or anticipated / current position of vessel.

If any additional certifications on the vessel is needed, they shall be furnished by owners upon request.

13.       Owners are responsible for assuring that performing vessel is fully compliant at the time of fixing with all international regulations and protocols regarding the carriage of the products(s) named herein, including Marpol 73/78 Annex II revisions, as well as all regulations of the countries of loading and discharge.  Owners to certify in their offer that the vessel offered, and any substitute vessel proposed, meets or exceeds the ship type 2 tank configuration requirements of the IBC Code, or alternatively, that the vessel meets all requirements for Ship Type 3 Chemical Tankers and related exemption requirements laid out in MARPOL Annex II Regulation 4.1.3; that the certificate of fitness for the vessel indicates that the vessel is entitled to operate under the provisions of this regulation; that all flag state and port state authorizations have been received or confirmed, as necessary; and that the owners can confirm that the vessel will be permitted to berth and load or discharge at all ports named or contemplated herein.  Owners should be prepared to submit copies of documentation evidencing compliance with MARPOL regulations upon request at the time offers are submitted.

14.       Owners to list the last three cargoes carried (for both Vessel and lighterage vessel, if applicable) in cargo tanks and the last three cargoes pumped through the cargo pumps and lines (if different) and certify in their offer that the last three cargoes were clean, unleaded and non-toxic.  Further, owners to certify that the immediate     previous cargo for tanks, lines and pump systems (for both ocean vessel and lighterage vessels, if applicable) designated to load the oils must be in compliance   with the NIOP/FOSFA list of acceptable previous cargoes.  Owners must stipulate exactly the last three cargoes carried, without statements of “and or” or “will be”.  Further, cargo names must be spelled out without abbreviations.

For ship’s tanks that have been newly coated or fully re-coated and have not carried at least three cargoes subsequent to the new/re-coating, owners are to list any cargoes that have been carried in those tanks, pumps and lines after the new/re-coating, otherwise subject to the above.  In addition, owners must furnish with their offer a copy of a survey certificate from a FOSFA-approved surveyor, dated not more than six months prior to the offer date, attesting that the vessel (all tanks, whether or not new/re-coated) is in compliance with FOSFA requirements for the carriage of edible oils.

For lighterage vessels only:  if owners cannot provide information on immediate prior cargoes at the time of offer, offeror shall acknowledge that they will not be permitted to utilize any lighterage vessel that has not been inspected and approved prior to loading by a FOSFA-approved surveyor at the load and/or discharge port.  Any time lost at load and/or disports for inspection or other delays in providing suitable lighterage vessel to be at owners expense.

15.       Owners are fully responsible for vessel arriving at discharge port with an acceptable safe arrival draft.

Lightering, if necessary is for owners time, risk and expense.  Lighter vessels (if used) must be ocean-going vessels with all pumps, hoses, and reducers, classed highest in Lloyds or equivalent, and certified by licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry CDSBO and that pumps, hoses and reducers are in good working order.  All vessels, including mother and daughter/lighter vessels, are subject to all relevant terms and provisions of FOSFA ops.

If owners intend to lighter, the offer should specify the cost of lightering, whether partial or full 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.

16.       Laytime at load port to commence at six (6) hours after vessel’s master or agent files the Notice of Readiness to the declared loading terminal, vessel having passed all required inspections.  If second or more load berth(s) or port(s) are used laytime at the second or subsequent load berth(s) and/or port(s) shall commence six (6) hours after vessel Notice of Readiness is filed at that berth and or port and vessel being ready to commence loading at said subsequent berth and port.  Prior time used not to count as laytime.  Demurrage to be stated in the offer.  Demurrage to be settled directly between vessel owner and the supplier(s) of the oil.  Under no circumstances shall CCC or charterer be responsible for resolving any disputes involving the calculation of laytime or the payment of demurrage between vessel owner and the supplier(s).  Any and all disputes between vessel owner and the commodity supplier(s) arising out of this contract relating to settlement of laytime issues shall be arbitrated in New York subject to the Rules of the Society of Maritime Arbitrators, Inc.

17.       Owner is responsible for paying all carrying, interest and storage charges, if any, by reason of vessel’s failure to present ready in all respects to load prior to the canceling date.  Carrying charges will be assessed through the presentation/ acceptance of a valid NOR at each loadport, in accordance with the Trading Rules of NIOP.

18.       Freight rates to be quoted in U.S. dollars per metric ton.  Ocean freight rate to be quoted basis one loading port to one discharging port.  Additional freight per metric ton on entire cargo for each additional load or discharge port used to be stated separately.

Offers requiring additional premium for additional load/discharge berths will not be considered responsive to this tender. 

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

For U.S. 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.

U.S. flag vessels which require prior approval from the Maritime Administration (Marad) to participate in preference cargoes because of operating differential subsidy (ODS) contractual constraints, or because of reflagging/foreign construction eligibility issues, must obtain such MARAD approval prior to submission of bids.

U.S. flag vessels over 15 years old must offer an alternate freight rate to be applicable in the event the vessel is either scrapped or vessel ownership is transferred to another owner after discharge at destination, but prior to its return to the United States.

Offers of U.S. flag vessels will not be considered if the vessel operator has not provided the Maritime Administration (MARAD) with the vessel’s costs prior to submission of the offer.

U.S. flag vessels offered subject to MARAD approval will not be considered.  If MARAD approval of vessel is required, the same must be obtained prior to submission of offers.

20.       Non-vessel operating common carriers (NVOCC) may not be employed to carry U.S. flag or foreign flag shipments.

21.       Cargo covered under this contract may not be relet to another carrier or operator without the written authorization of charterers and USDA.

22.       U.S. flag vessel(s) must be registered highest in A.B.S.  Non-U.S. flag vessels must be registered highest in Lloyd’s or equivalent classification society and must not exceed 15 years of age.  Extra insurance owing to vessel’s age, flag, type, configuration (including ITB), class, or ownership to be for owners’ account but not to exceed New York market rates.

23.       The following certificates must be obtained by the vessel owner as part of freight payment documentation:

A.        FOSFA International Certificate of Ship’s Compliance and Cleanliness, and Suitability of Ship’s Tank;

B.        FOSFA International Combined Master’s Certificate;

C.        Copy of Notice to the Master instructing him to follow the IASC heating instructions.

24.       ISM and ISPS Code Compliance.  Carrier guarantees that this vessel is required by the ISM (non self-propelled barges are exempt), and ISPS code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) complies fully with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) code and will remain so for the entirety of her employment under this Charter Party.  Upon request, carriers to provide shippers 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.  Carriers are to remain fully responsible for any and all consequences from matters arising as a result of the carrier or the vessel being out of compliance with the ISM and ISPS Code.

25.       Substandard vessels:  Section 408 of the Coast Guard Authorization Act of 1998,           Public Law 105-383 (46 USC 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, offerors must warrant that vessel(s) and Owners/Operators are not disqualified to carry such Government impelled             (Preference) cargo(es).

26.       Further details and additional terms are subject to the terms and conditions of FINCA International Proforma Charter Party CDSBO to Dominican Republic (February 2012) which are available upon request from Panalpina, Inc.

27.       Charterers reserve the right to accept or reject any and/or all offers.

28.       Freight payment will be made via electronic transfer as detailed in charter party proforma.

29.       Brokerage commission is payable by owners on gross freight, deadfreight, and demurrage to Panalpina, Inc. as follows: 2.5 percent if the fixture is arranged without owner's broker and if owners' broker is involved, 2/3rds of 2.5 percent is payable to Panalpina, inc.1/3rd of 2.5 percent is payable to owners' broker.

30.       To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this RFP via the U.S. Department of    Agriculture (USDA) a 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. 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 e-authentication Logon ID and Password to            access the WBSCM system.  Contact the WBSCM help desk for information          regarding Logon IDs,             Passwords, and WBSCM systems questions or concerns:

            Telephone:  (877) 927-2648

            E-mail:  WBSCMhelp@ams.USDA.gov

            Freight payment:  Freight payment shall be processed through the WBSCM         system and paid by USDA.  Instructions for the freight payment procedures    through WBSCM are available from:

                        Panalpina, Inc.        

                        Sherry.sons@panalpina.com

31.       Submission of Freight Offers:

            Offers to be submitted to WBSCM no later than 1000 hrs U.S. central time (1100             hrs Washington, D.C. time) on Thursday, March  8, 2012. 

            Freight offers are to remain valid until 1700 hours Washington, D.C. time March             9, 2012.

            In addition to submitting offers to WBSCM – fax offers should also be submitted to Panalpina at (703) 733-4353.

      Only firm offers can be submitted.

      Only offers that are responsive to the terms of the tender will be considered and no negotiation will be permitted.

            No phone offers or offers via e-mail will be accepted.

32.       For further information is needed contact Panalpina, Inc., 703-674-2317 or sherry.sons@panalpina.com .

IFB 11-035B Dominican Republic Tender Cancellation

February 28, 2012

IFB No. DR-FINCA-FFP-11-035B has been cancelled.

IFB 11-035B Dominican Republic Tender Amendment

February 22, 2012

Freight Tender Amendment: FINCA International FFP Blk CDSBO to Dominican Republic

 PANALPINA, INC. FOR AND ON BEHALF OF FINCA INTERNATIONAL, HEREBY AMENDS FREIGHT TENDER DATED FEBRUARY 21, 2012 - IFB NO.:   DR-FINCA-FFP-110-035B AS FOLLOWS:

CLAUSE 17, LAST SENTENCE HAS BEEN AMENDED TO NOW READ:

            “CARRYING CHARGES WILL BE ASSESSED THROUGH THE PRESENTATION/ACCEPTANCE OF A VALID NOR AT EACH LOADPORT, IN ACCORDANCE WITH THE TRADING RULES OF NIOP.”

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

IFB 11-035B Dominican Republic Tender

February 21, 2012

 Freight tender:  FINCA – FFP Blk CDSBO to Dominican Republic

 Panalpina, Inc. for and on behalf of FINCA International, tenders and requests offers of U.S. and non U.S. flag tankers for the carriage of Crude Degummed Soybean Oil in bulk under the Food for Progress Program on the following basis:

Date:                                       February 21, 2012

IFB No.:                                  DR-FINCA-FFP-11-035B
Freight Solicitation No.:      2000000871

Commodity Solicitation No: 2000000870

1.         Quantity/laydays:

            1,820 Metric Tons Minimum/Maximum of Crude Degummed

Soybean Oil (CDSBO) in bulk.     

2.         Laydays:  March 12-22, 2012

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.

If contracted on part cargo basis, owner is to provide itinerary of vessel.  Any additional completion cargo(es) must be duly segregated by tank, must be compatible and non-injurious to FINCA International CDSBO cargo, and must be detailed in offer or approved by Charterers/USDA if contracted after fixture of FINCA International  CDSBO cargo.  Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by Charterer/USDA in approval of such part cargo(es) in order not to unduly impede delivery of FINCA International’s cargo(es) to Dominican Republic.

3.         Owners to provide 10 (ten) days preadvice of vessel readiness to load.  The 10 day preadvice must be received by charterer’s agent no later than 11:00 am (Washington DC time) on the business day it is given.  Preadvice received after that time will count as received on the next business day.

Prior to tendering notice of readiness (NOR) at first load port, owner to provide all necessary inspection certificates including Vessel Tank Inspection Certificate evidencing cleanliness of all tanks to be loaded for this fixture.  Inspections to be performed and certificates to be issued by an independent surveyor at owner’s expense. 

Also at time of tendering notice of readiness, owner to provide certification that the last three cargoes carried in cargo tanks were clean, unleaded and non-toxic.  Further, owners to certify that the immediate previous cargo for tanks, lines and pump systems are in compliance with the NIOP/FOSFA list of acceptable previous cargoes.  Certification to be provided as noted in clause 14 of this tender. 

In the event that any of the last three cargoes were not food grade cargoes and if vessel tanks fail to pass initial inspection by the surveyor, additional test for trace cargoes to be evidenced by means of a wall wash test at owner’s expense. 

4.         Loading port:   1 /2 safe berths, 1 / 2 safe U.S. Ports

5.         Discharge port:  One to Two safe berth(s) Rio Haina, Dominican Republic

6.         Loading terms:  Free in at the rate of 150 MT per running hour, WWDSHINC, with demurrage, no despatch.         

7.         Discharging terms:  Berth terms with no demurrage/no despatch/no detention. 

8.         Loading and stowage to be approved by National Cargo Bureau and Certificate of NCB required.  Owners to provide additional NCB certification that any other openings leading to cargo compartments have been sealed.

9.         Vessel to provide all necessary equipment (including main/stripping pumps, hoses, and reducers) in good working order to effect discharge of the cargo into tank trucks and/or rail tank cars and/or shore tanks.  Pumps must have a minimum pressure of 50 PSI with pumping capacity of at least 150 MT per hour and able to pump water with adequate pressure to clean hoses and pipes at discharge terminal.

10.       At each loadport owner to appoint and pay for stevedores.  At discharge port             Charterer/receivers to appoint and pay for stevedores.

11.       At each loadport owner to appoint and pay for vessel’s agent.  At each load port Charterer shall appoint a load port protective agent, owner to pay Charterer’s agent Panalpina, Inc. a fee of USD 1,800.00.

            At discharge port Charterer/receiver shall nominate the vessel’s agent at the discharge ports, who owner will appoint and pay.

12.       Only clean offers of named vessels with full particulars will be considered.  The performing vessel and any lighterage vessels utilized must comply with the Federation of Oils, Seeds and Fats Association Ltd (FOSFA) “operational procedures for all ships engaged in the ocean and short sea carriage and transshipment of oils and fats for edible and oleo-chemical use”, hereinafter “FOSFA OPS” except as modified elsewhere herein and in the proforma Charter Party.  Offerors are encouraged to include the following information:  name of vessel and flag/full style vessel owner/operators/year built/length overall/beam/classification/type/vessel’s actual warranted service speed/ number of tanks/number of pumps/systems, capacity / current employment and cargo, contracted or anticipated / current position of vessel.

If any additional certifications on the vessel is needed, they shall be furnished by owners upon request.

13.       Owners are responsible for assuring that performing vessel is fully compliant at the time of fixing with all international regulations and protocols regarding the carriage of the products(s) named herein, including Marpol 73/78 Annex II revisions, as well as all regulations of the countries of loading and discharge.  Owners to certify in their offer that the vessel offered, and any substitute vessel proposed, meets or exceeds the ship type 2 tank configuration requirements of the IBC Code, or alternatively, that the vessel meets all requirements for Ship Type 3 Chemical Tankers and related exemption requirements laid out in MARPOL Annex II Regulation 4.1.3; that the certificate of fitness for the vessel indicates that the vessel is entitled to operate under the provisions of this regulation; that all flag state and port state authorizations have been received or confirmed, as necessary; and that the owners can confirm that the vessel will be permitted to berth and load or discharge at all ports named or contemplated herein.  Owners should be prepared to submit copies of documentation evidencing compliance with MARPOL regulations upon request at the time offers are submitted.

14.       Owners to list the last three cargoes carried (for both Vessel and lighterage vessel, if applicable) in cargo tanks and the last three cargoes pumped through the cargo pumps and lines (if different) and certify in their offer that the last three cargoes were clean, unleaded and non-toxic.  Further, owners to certify that the immediate     previous cargo for tanks, lines and pump systems (for both ocean vessel and       lighterage vessels, if applicable) designated to load the oils must be in compliance   with the NIOP/FOSFA list of acceptable previous cargoes.  Owners must stipulate  exactly the last three cargoes carried, without statements of “and or” or “will be”.  Further, cargo names must be spelled out without abbreviations.

 For ship’s tanks that have been newly coated or fully re-coated and have not carried at least three cargoes subsequent to the new/re-coating, owners are to list any cargoes that have been carried in those tanks, pumps and lines after the new/re-coating, otherwise subject to the above.  In addition, owners must furnish with their offer a copy of a survey certificate from a FOSFA-approved surveyor, dated not more than six months prior to the offer date, attesting that the vessel (all tanks, whether or not new/re-coated) is in compliance with FOSFA requirements for the carriage of edible oils.

For lighterage vessels only:  if owners cannot provide information on immediate prior cargoes at the time of offer, offeror shall acknowledge that they will not be permitted to utilize any lighterage vessel that has not been inspected and approved prior to loading by a FOSFA-approved surveyor at the load and/or discharge port.  Any time lost at load and/or disports for inspection or other delays in providing suitable lighterage vessel to be at owners expense.

 15.       Owners are fully responsible for vessel arriving at discharge port with an acceptable safe arrival draft.

Lightering, if necessary is for owners time, risk and expense.  Lighter vessels (if used) must be ocean-going vessels with all pumps, hoses, and reducers, classed highest in Lloyds or equivalent, and certified by licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry CDSBO and that pumps, hoses and reducers are in good working order.  All vessels, including mother and daughter/lighter vessels, are subject to all relevant terms and provisions of FOSFA ops.

If owners intend to lighter, the offer should specify the cost of lightering, whether partial or full 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.

16.       Laytime at load port to commence at six (6) hours after vessel’s master or agent files the Notice of Readiness to the declared loading terminal, vessel having passed all required inspections.  If second or more load berth(s) or port(s) are used laytime at the second or subsequent load berth(s) and/or port(s) shall commence six (6) hours after vessel Notice of Readiness is filed at that berth and or port and vessel being ready to commence loading at said subsequent berth and port.  Prior time used not to count as laytime.  Demurrage to be stated in the offer.  Demurrage to be settled directly between vessel owner and the supplier(s) of the oil.  Under no circumstances shall CCC or charterer be responsible for resolving any disputes involving the calculation of laytime or the payment of demurrage between vessel owner and the supplier(s).  Any and all disputes between vessel owner and the commodity supplier(s) arising out of this contract relating to settlement of laytime issues shall be arbitrated in New York subject to the Rules of the Society of Maritime Arbitrators, Inc. 

17.       Owner is responsible for paying all carrying, interest and storage charges, if any, by reason of vessel’s failure to present ready in all respects to load prior to the canceling date.  Carrying charges will be assessed through bill of lading date in accordance with the trading rules of the NIOP.

18.       Freight rates to be quoted in U.S. dollars per metric ton.  Ocean freight rate to be quoted basis one loading port to one discharging port.  Additional freight per metric ton on entire cargo for each additional load or discharge port used to be stated separately.

Offers requiring additional premium for additional load/discharge berths will not be considered responsive to this tender. 

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

For U.S. 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.

U.S. flag vessels which require prior approval from the Maritime Administration (Marad) to participate in preference cargoes because of operating differential subsidy (ODS) contractual constraints, or because of reflagging/foreign construction eligibility issues, must obtain such MARAD approval prior to submission of bids.

U.S. flag vessels over 15 years old must offer an alternate freight rate to be applicable in the event the vessel is either scrapped or vessel ownership is transferred to another owner after discharge at destination, but prior to its return to the United States.

Offers of U.S. flag vessels will not be considered if the vessel operator has not provided the Maritime Administration (MARAD) with the vessel’s costs prior to submission of the offer.

U.S. flag vessels offered subject to MARAD approval will not be considered.  If MARAD approval of vessel is required, the same must be obtained prior to submission of offers.

20.       Non-vessel operating common carriers (NVOCC) may not be employed to carry U.S. flag or foreign flag shipments.

 21.       Cargo covered under this contract may not be relet to another carrier or operator without the written authorization of charterers and USDA.

22.       U.S. flag vessel(s) must be registered highest in A.B.S.  Non-U.S. flag vessels must be registered highest in Lloyd’s or equivalent classification society and must not exceed 15 years of age.  Extra insurance owing to vessel’s age, flag, type, configuration (including ITB), class, or ownership to be for owners’ account but not to exceed New York market rates.

23.       The following certificates must be obtained by the vessel owner as part of freight payment documentation:

A.        FOSFA International Certificate of Ship’s Compliance and Cleanliness, and Suitability of Ship’s Tank;

B.        FOSFA International Combined Master’s Certificate;

C.        Copy of Notice to the Master instructing him to follow the IASC heating instructions.

24.       ISM and ISPS Code Compliance.  Carrier guarantees that this vessel is required by the ISM (non self-propelled barges are exempt), and ISPS code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) complies fully with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) code and will remain so for the entirety of her employment under this Charter Party.  Upon request, carriers to provide shippers 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.  Carriers are to remain fully responsible for any and all consequences from matters arising as a result of the carrier or the vessel being out of compliance with the ISM and ISPS Code.

25.       Substandard vessels:  Section 408 of the Coast Guard Authorization Act of 1998, Public Law 105-383 (46 USC 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, offerors must warrant that vessel(s) and Owners/Operators are not disqualified to carry such Government impelled             (Preference) cargo(es).         

26.       Further details and additional terms are subject to the terms and conditions of FINCA International Proforma Charter Party CDSBO to Dominican Republic (February 2012) which are available upon request from Panalpina, Inc.

 27.       Charterers reserve the right to accept or reject any and/or all offers.

28.       Freight payment will be made via electronic transfer as detailed in charter party proforma.

29.       Brokerage commission is payable by owners on gross freight, deadfreight, and demurrage to Panalpina, Inc. as follows: 2.5 percent if the fixture is arranged without owner's broker and if owners' broker is involved, 2/3rds of 2.5 percent is payable to Panalpina, inc.1/3rd of 2.5 percent is payable to owners' broker.

30.       To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this RFP via the U.S. Department of Agriculture (USDA) a 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. 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 e-authentication Logon ID and Password to access the WBSCM system.  Contact the WBSCM help desk for information regarding Logon IDs, Passwords, and WBSCM systems questions or concerns:

            Telephone:  (877) 927-2648

            E-mail:  WBSCMhelp@ams.USDA.gov

            Freight payment:  Freight payment shall be processed through the WBSCM system and paid by USDA.  Instructions for the freight payment procedures through WBSCM are available from:

                        Panalpina, Inc.        

                        Sherry.sons@panalpina.com

31.       Submission of Freight Offers:

            Offers to be submitted to WBSCM no later than 1000 hrs U.S. central time (1100hrs Washington, D.C. time) on Tuesday, February 28, 2012. 

            Freight offers are to remain valid until 1700 hours Washington, D.C. time March 1, 2012.

            In addition to submitting offers to WBSCM – fax offers should also be submitted to Panalpina at (703) 733-4353.

      Only firm offers can be submitted.

      Only offers that are responsive to the terms of the tender will be considered and no negotiation will be permitted.

            No phone offers or offers via e-mail will be accepted.

32.       For further information is needed contact Panalpina, Inc., 703-674-2317 or sherry.sons@panalpina.com .