IFB# 11-053B Guatemala Award
July 25, 2012
Cargo: 3,980 MT Min/Max Soybean Meal in bulk
Award
Date: July 20, 2012
Laycan: August 1-10, 2012
Loading: 1-2SB 1-2SP U.S. Gulf
Delivery: 1-2SB 1SP Puerto Quetzal, Guatemala
Vessel: Dawnlight, Panama Flag Geared Bulker
Owner: Unishipping SAS, 4, Rue du Bois de Boulogne, 75116 Paris, France
Freight:
USD 107.50/MT
USD 5.50/MT 2nd DP if used
Demurrage:
LP: USD 10,000/HD PDPR
DP: USD 10,000/HD PDPR
Laytime is non-reversible.
IFB# 11-053B Guatemala Re-tender
July 13, 2012
Freight Tender
Invitation for Bid 11-053B
July 13, 2012
WBSCM Freight Solicitation Number 2000001145
WBSCM Commodity Solicitation Number 2000001144
Muller Shipping Corporation, New York,
for and on behalf of
SHARE de Guatemala (SG), requests offers of U.S.
and non-U.S. Flag geared vessels (U.S. Flag gearless vessels will be considered
provided Owners supply discharging equipment as needed) for the carriage of Food
for Education program cargoes as per the following:
Cargo: Up to
approximately 3,980 metric tons Soybean Meal in bulk
Laycan: August
1-10, 2012
Loading: 1-2SB,
1-2SP,
Discharging: 1-2SB
1SP
Load Terms:
Scale Gross Load (see below)
Discharge: Free Out
with Demurrage/Despatch (details below)
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.
For offers basis
Offers submitted under this invitation are required to have a
canceling date no later than the last contract Layday.
Vessels which are offered with a canceling date beyond the Laydays
specified above will not be considered.
Owners to provide Fourteen (14) day load port pre-advice of
vessel's readiness to load.
Pre-advice notice must be received at office of 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
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.
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:
Terms/Conditions:
1. Vessel
Restrictions:
- Tankers not workable.
- Non-U.S. flag vessels must not be older than twenty (20)
years and must be classed highest in Lloyd's Register or its' equivalent.
Year of original construction, not rebuilt date, to govern.
- All vessels 15 years and older and all ocean-going barges
must have all openings to cargo spaces and hatches' covers tightly sealed with
tape or by other means to assure watertight integrity.
The sealing shall be done to the satisfaction of attending NCB surveyor
as attested by a special survey.
Cost of sealing hatch covers/openings to cargo spaces as well as special survey
fees shall be for vessel owner's account.
Special survey certificate shall in no way affect owner's liability and
responsibilities toward the cargo.
- Any extra insurance on cargo and/or freight as a result of
Vessel's age, class, type, flag, or ownership to be for Owners' account.
Any documentary evidence of overage premium waivers or reductions is to
be furnished with offer.
- Cargo shall not be loaded into deep/wing holds or tanks and
other spaces which are not bleedable or directly accessible to grab discharge.
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,
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: Cargo discharge will
be by grabs or via marine legs.
Vacuvators are not acceptable (including for lightering, if applicable).
Owners to supply grabs and all other necessary discharging gear in good
working order and in sufficient number to permit charterers/receivers to effect
discharge of the vessel at the guaranteed rate of discharge.
Owner to provide at their expense all necessary motive power/fuel to
operate all discharge gear.
Discharge via marine legs will be acceptable provided vessel owners provide all
necessary equipment at their time, risk and expense, including any technicians,
supplemental labor, bobcats or similar equipment for use in vessel holds,
shore-side cranes, hoppers, supports or other related equipment.
Time used for assembling or preparing Owner-supplied equipment, or any
time lost as a result of insufficiencies of gear or breakdown of gear not to
count as Laytime or time on demurrage.
Gear provided by vessel must also be capable of lifting equipment
necessary for trimming and breaking up any caked cargo in/out of all holds.
Any shore gear required for discharge or lifting in/out of equipment must
be furnished at owners risk and expense.
- Discharging equipment must meet all requirements and
regulations of the applicable port authorities.
- Opening and closing of hatches at loading ports shall be
performed by the Vessel's crew at the Owners' expense.
The first opening and last closing of hatches at discharging ports shall
be at the Owners' expense, all other hatch operations at discharge port for
receiver’s time and risk If Vessel is not
equipped with hydraulic or mechanical hatch covers, Owners are to provide rain
tents for all hatches.
4. Freight rate to
be quoted per MT, basis one loading port/one discharge port, plus additional
freight per MT for additional load/discharge ports, if used.
Freight rate quotations must provide per metric ton breakdown of rates
(as applicable) for: a) Ocean
transportation; b) Cost of lightening.
5. The commodities
covered by this tender must be fully segregated from any other part cargoes by
natural separation or by Kobe Separation only. 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 part cargo(es) shall be
non-injurious to SG cargo and detailed in offer or approved by Charterers/USDA
if contracted after fixture of SG cargo.
Vessel itinerary and geographic proximity of completion cargoes will be
taken into consideration.
6.
Vessels must be
able to be fumigated with an aluminum phosphide preparation in-transit and
vessels that cannot be so fumigated will not be considered.
At final loading port, commodity supplier will
arrange and pay for in-transit fumigation performed by a certified applicator.
Fumigation must be witnessed by FGIS, USDA.
Dust retainers must be used. For tweendeckers and
bulk carriers (including push-mode ITB), the recirculation method of fumigation
will be used.
Tween-deck vessels are acceptable only when a certified
applicator states that the vessel has been inspected and found to be suitable
for in-transit fumigation and such written statement from certified applicator
should be submitted with offer.
7. Lightering at
Disport: The Owners are responsible
for the performing Vessel to be of a suitable size and for arriving at discharge
port and berth(s) with an acceptable safe arrival draft.
If Vessels' size or draft exceeds the
acceptable safe arrival draft or size limitations, Owner to be fully responsible
for any and all costs in reaching such safe draft and/or all costs for
lightering the cargo into suitable size vessels.
In the event vessel has to lighten at disport whether full
lightering or partial lightering, all lightering operations shall be at ship
owner’s time, risk and expense. For all lightering (full or partial) the
lighterage vessels, must be geared ocean-going bulk carrier vessel, classed
highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo
compartments are clean and entirely fit to receive and carry contracted cargo
and that all winches/cranes are in good working order.
Laytime allowed, whether full or partial lightering, shall be based on
the bills(s) of lading weight. In the event of partial lightering, vessel will
not be considered ready until owners have arranged lightering and vessel has
reached a safe draft for berthing.
All time lost before vessel reaches said draft is not to count as Laytime used.
Laytime is not to commence prior 0800 on the next working day following
completion of lightering and presentation of valid notice of readiness.
In the event of full lightering Laytime shall commence at 0800 on the
next working day after daughter vessel(s) have presented their notice(s) of
readiness to discharge and demurrage/despatch rate shall apply only to the
daughter vessel(s). Mother vessel
(partial lightering) and daughter vessels (full or partial lightering) to take
turns at discharge and time on second and subsequent vessels not to count until
previous vessel completes discharge and has vacated the berth.
Time for shifting into berth not to count as Laytime or time on
demurrage.
Any lighterage is to be accomplished within the territorial
waters of the country of the named discharge port(s) unless otherwise approved
by Charterers and USDA.
If owners intend to lighten, the offer should specify the cost
of lightering, whether full or partial lightering.
If lightering is not performed at the discharge port and vessel directly
discharges at berth USDA will deduct the lightering cost from the ocean freight.
8. Owners to
provide for vessel hold inspection certificate by the Federal Grain Inspection
Service/USDA (FGIS).
9. Loading and
stowage to be approved by National Cargo Bureau and certificate of NCB required
at Owners expense. Owners to provide
additional NCB certification that vessel hatch covers and any other openings
leading to cargo compartments have been sealed to prevent any outside water from
entering the cargo compartments.
10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary
despatch at the average rate as delineated below based on vessel's contracted
quantity. The rates are basis tons
of 2,204.6 pounds per weather working day of 24 consecutive hours.
Sundays and holidays excepted, even if used.
Saturdays per BFC Saturday clause.
Vessel Contracted Quantity
Loading Guarantee
--------------------------------------------------
Bulk carriers:
0 -
9,999.99 MT
4,000 MT per day
10,000 - 19,999.99 MT
5,000 MT per day
20,000 - 29,999.99 MT
6,000 MT per day
30,000 - 39,999.99 MT
7,500 MT per day
40,000 - 49,999.99 MT
10,000 MT per day
50,000 MT and above
12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load
guarantee shall be 3,000 MT per day.
LASH/SEABEE barges:
the load/discharge guarantees shall not apply.
No demurrage/no despatch/no detention to be applied and same to be
loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge
port(s). Owners are to specify
demurrage/despatch rates in their offer.
Despatch rates must be one-half of demurrage rates quoted.
Laytime is non-reversible.
(c) Laytime accounts are to be settled directly between owners
and commodity supplier(s) at load port(s).
Laytime calculation, overtime and trimming to be in accordance to
Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B.
Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive
(hereinafter "N.A.E.G.A."), regardless of type of vessel.
Further, the following modifications to N.A.E.G.A. will apply:
anywhere the word "buyer" appears, the words "vessel owner" should be
substituted in its place. Under no
circumstances shall Charterers or
(d) Discharge port Laytime accounts are to be settled directly
between owners and
buyers.
Vessel owner is to prepare and submit signed discharge port Laytime
statement to Receivers within twenty (20) days of completion of discharge.
Copies of signed discharge port Notice of
Readiness, Statement of Facts, and Laytime Statement to be provided to Muller
Shipping Corporation,
11. Discharge Terms:
Cargo to be discharged free of risk and expense to the vessel (Free Out
discharge) at the average rate of 1500 MT for bulk carriers and 750 MT for
Multideckers including liner vessels (in tons of 2,204.6 pounds) per weather
working day of 24 consecutive hours on the basis of the bill of lading quantity.
Time from 1700 hours Friday or on a day preceding a holiday until 0800
hours Monday or the next working day following such a holiday not to count even
if used. The discharge guarantee
shall not apply for LASH/Seabee barges. Any
shifting necessary due to the vessel’s size or configuration to be at Owner’s
time, risk and expense.
12. Charterers/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.
13. 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.
14. On completion of Loading Master and or owner and or agent
to send a Sailing Notice to Charterer’s agent, Muller Shipping Corporation, New
York, Fax: 516-256-7701/email cargo@mullershipping.com.
Said notice to state vessel name, flag, quantity on board in Metric Tons,
stowed in hold numbers, Bill of lading date, ETA Puerto Quetzal and any ports of
call en route, and loaded draft of vessel
15. Transshipment is not permitted.
16. 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,
17. 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)
(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.
18. Both
19. Non-vessel Operating Common Carriers (NVOCC) may not be
employed to carry
20. 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 (
21. 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).
22. Owners warrant that vessel offered is free from any liens
and/or encumbrances.
23. 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
24. Commission: 2.50 percent on gross freight, deadfreight and
demurrage is payable to Muller Shipping Corporation if vessel offered direct.
If broker involved then 2/3 of 2.50 percent is payable to Muller Shipping
Corporation and 1/3 of 2.50 percent is payable to offering broker.
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.
27. All other terms and conditions as per Proforma Charter
Party, available upon request.
For further information contact Muller
Shipping Corp. 516-256-7700 (
END OF FREIGHT TENDER
IFB# 11-053B Guatemala Tender Cancellation
July 13, 2012
Freight Tender Cancellation
July 12, 2012
Invitation for Bid 11-053B Issued July
3, 2012 by Muller Shipping Corporation,
For further information contact Muller
Shipping Corp. 516-256-7700 (
END OF FREIGHT TENDER CANCELLATION
IFB 11-053B Guatemala Tender
July 3, 2012
Freight Tender
Invitation for Bid 11-053B
July 3, 2012
WBSCM Freight Solicitation Number 2000001131
WBSCM Commodity Solicitation Number 2000001130
Muller Shipping Corporation, New York,
for and on behalf of
SHARE de Guatemala (SG), requests offers of U.S.
and non-U.S. Flag geared vessels (U.S. Flag gearless vessels will be considered
provided Owners supply discharging equipment as needed) for the carriage of Food
for Education program cargoes as per the following:
Cargo: Up to
approximately 3,980 metric tons Soybean Meal in bulk
Laycan: July 26 –
August 4, 2012
Loading: 1-2SB,
1-2SP,
Discharging:
1-2SB 1SP
Load Terms:
Scale Gross Load (see below)
Discharge:
Free Out with Demurrage/Despatch (details below)
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.
For offers basis
Offers submitted under this invitation are required to have a
canceling date no later than the last contract Layday.
Vessels which are offered with a canceling date beyond the Laydays
specified above will not be considered.
Owners to provide Fourteen (14) day load port pre-advice of
vessel's readiness to load.
Pre-advice notice must be received at office of 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
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.
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:
Terms/Conditions:
1. Vessel
Restrictions:
- Tankers not workable.
- Non-U.S. flag vessels must not be older than twenty (20)
years and must be classed highest in Lloyd's Register or its' equivalent.
Year of original construction, not rebuilt date, to govern.
- All vessels 15 years and older and all ocean-going barges
must have all openings to cargo spaces and hatches' covers tightly sealed with
tape or by other means to assure watertight integrity.
The sealing shall be done to the satisfaction of attending NCB surveyor
as attested by a special survey.
Cost of sealing hatch covers/openings to cargo spaces as well as special survey
fees shall be for vessel owner's account.
Special survey certificate shall in no way affect owner's liability and
responsibilities toward the cargo.
- Any extra insurance on cargo and/or freight as a result of
Vessel's age, class, type, flag, or ownership to be for Owners' account.
Any documentary evidence of overage premium waivers or reductions is to
be furnished with offer.
- Cargo shall not be loaded into deep/wing holds or tanks and
other spaces which are not bleedable or directly accessible to grab discharge.
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,
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: Cargo discharge will
be by grabs or via marine legs.
Vacuvators are not acceptable (including for lightering, if applicable).
Owners to supply grabs and all other necessary discharging gear in good
working order and in sufficient number to permit charterers/receivers to effect
discharge of the vessel at the guaranteed rate of discharge.
Owner to provide at their expense all necessary motive power/fuel to
operate all discharge gear.
Discharge via marine legs will be acceptable provided vessel owners provide all
necessary equipment at their time, risk and expense, including any technicians,
supplemental labor, bobcats or similar equipment for use in vessel holds,
shore-side cranes, hoppers, supports or other related equipment.
Time used for assembling or preparing Owner-supplied equipment, or any
time lost as a result of insufficiencies of gear or breakdown of gear not to
count as Laytime or time on demurrage.
Gear provided by vessel must also be capable of lifting equipment
necessary for trimming and breaking up any caked cargo in/out of all holds.
Any shore gear required for discharge or lifting in/out of equipment must
be furnished at owners risk and expense.
- Discharging equipment must meet all requirements and
regulations of the applicable port authorities.
- Opening and closing of hatches at loading ports shall be
performed by the Vessel's crew at the Owners' expense.
The first opening and last closing of hatches at discharging ports shall
be at the Owners' expense, all other hatch operations at discharge port for
receiver’s time and risk If Vessel is
not equipped with hydraulic or mechanical hatch covers, Owners are to provide
rain tents for all hatches.
4. Freight rate
to be quoted per MT, basis one loading port/one discharge port, plus additional
freight per MT for additional load/discharge ports, if used.
Freight rate quotations must provide per metric ton breakdown of rates
(as applicable) for: a) Ocean
transportation; b) Cost of lightening.
5. The
commodities covered by this tender must be fully segregated from any other part
cargoes by natural separation or by Kobe Separation only.
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 part cargo(es) shall be non-injurious to SG cargo and detailed in
offer or approved by Charterers/USDA if contracted after fixture of SG cargo.
Vessel itinerary and geographic proximity of completion cargoes will be
taken into consideration.
6.
Vessels must be
able to be fumigated with an aluminum phosphide preparation in-transit and
vessels that cannot be so fumigated will not be considered.
At final loading port, commodity supplier will
arrange and pay for in-transit fumigation performed by a certified applicator.
Fumigation must be witnessed by FGIS, USDA.
Dust retainers must be used. For tweendeckers and
bulk carriers (including push-mode ITB), the recirculation method of fumigation
will be used.
Tween-deck vessels are acceptable only when a
certified applicator states that the vessel has been inspected and found to be
suitable for in-transit fumigation and such written statement from certified
applicator should be submitted with offer.
7. Lightering at
Disport: The Owners are responsible
for the performing Vessel to be of a suitable size and for arriving at discharge
port and berth(s) with an acceptable safe arrival draft.
If Vessels' size or draft exceeds the
acceptable safe arrival draft or size limitations, Owner to be fully responsible
for any and all costs in reaching such safe draft and/or all costs for
lightering the cargo into suitable size vessels.
In the event vessel has to lighten at disport whether full
lightering or partial lightering, all lightering operations shall be at ship
owner’s time, risk and expense. For all lightering (full or partial) the
lighterage vessels, must be geared ocean-going bulk carrier vessel, classed
highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo
compartments are clean and entirely fit to receive and carry contracted cargo
and that all winches/cranes are in good working order.
Laytime allowed, whether full or partial lightering, shall be based on
the bills(s) of lading weight. In the event of partial lightering, vessel will
not be considered ready until owners have arranged lightering and vessel has
reached a safe draft for berthing.
All time lost before vessel reaches said draft is not to count as Laytime used.
Laytime is not to commence prior 0800 on the next working day following
completion of lightering and presentation of valid notice of readiness.
In the event of full lightering Laytime shall commence at 0800 on the
next working day after daughter vessel(s) have presented their notice(s) of
readiness to discharge and demurrage/despatch rate shall apply only to the
daughter vessel(s). Mother vessel
(partial lightering) and daughter vessels (full or partial lightering) to take
turns at discharge and time on second and subsequent vessels not to count until
previous vessel completes discharge and has vacated the berth.
Time for shifting into berth not to count as Laytime or time on
demurrage.
Any lighterage is to be accomplished within the territorial
waters of the country of the named discharge port(s) unless otherwise approved
by Charterers and USDA.
If owners intend to lighten, the offer should specify the cost
of lightering, whether full or partial lightering.
If lightering is not performed at the discharge port and vessel directly
discharges at berth USDA will deduct the lightering cost from the ocean freight.
8. Owners to
provide for vessel hold inspection certificate by the Federal Grain Inspection
Service/USDA (FGIS).
9. Loading and
stowage to be approved by National Cargo Bureau and certificate of NCB required
at Owners expense. Owners to
provide additional NCB certification that vessel hatch covers and any other
openings leading to cargo compartments have been sealed to prevent any outside
water from entering the cargo compartments.
10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary
despatch at the average rate as delineated below based on vessel's contracted
quantity. The rates are basis tons
of 2,204.6 pounds per weather working day of 24 consecutive hours.
Sundays and holidays excepted, even if used.
Saturdays per BFC Saturday clause.
Vessel Contracted Quantity
Loading Guarantee
--------------------------------------------------
Bulk carriers:
0 -
9,999.99 MT
4,000 MT per day
10,000 - 19,999.99 MT
5,000 MT per day
20,000 - 29,999.99 MT
6,000 MT per day
30,000 - 39,999.99 MT
7,500 MT per day
40,000 - 49,999.99 MT
10,000 MT per day
50,000 MT and above
12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load
guarantee shall be 3,000 MT per day.
LASH/SEABEE barges:
the load/discharge guarantees shall not apply.
No demurrage/no despatch/no detention to be applied and same to be
loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge
port(s). Owners are to specify
demurrage/despatch rates in their offer.
Despatch rates must be one-half of demurrage rates quoted.
Laytime is non-reversible.
(c) Laytime accounts are to be settled directly between owners
and commodity supplier(s) at load port(s).
Laytime calculation, overtime and trimming to be in accordance to
Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B.
Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive
(hereinafter "N.A.E.G.A."), regardless of type of vessel.
Further, the following modifications to N.A.E.G.A. will apply:
anywhere the word "buyer" appears, the words "vessel owner" should be
substituted in its place. Under no
circumstances shall Charterers or
(d) Discharge port Laytime accounts are to be settled directly
between owners and
buyers.
Vessel owner is to prepare and submit signed discharge port Laytime
statement to Receivers within twenty (20) days of completion of discharge.
Copies of signed discharge port Notice
of Readiness, Statement of Facts, and Laytime Statement to be provided to Muller
Shipping Corporation,
11. Discharge Terms:
Cargo to be discharged free of risk and expense to the vessel (Free Out
discharge) at the average rate of 1500 MT for bulk carriers and 750 MT for
Multideckers including liner vessels (in tons of 2,204.6 pounds) per weather
working day of 24 consecutive hours on the basis of the bill of lading quantity.
Time from 1700 hours Friday or on a day preceding a holiday until 0800
hours Monday or the next working day following such a holiday not to count even
if used. The discharge guarantee
shall not apply for LASH/Seabee barges.
Any shifting necessary due to the vessel’s size or configuration to be at
Owner’s time, risk and expense.
12. Charterers/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.
13. 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.
14. On completion of Loading Master and or owner and or agent
to send a Sailing Notice to Charterer’s agent, Muller Shipping Corporation, New
York, Fax: 516-256-7701/email cargo@mullershipping.com.
Said notice to state vessel name, flag, quantity on board in Metric Tons,
stowed in hold numbers, Bill of lading date, ETA Puerto Quetzal and any ports of
call en route, and loaded draft of vessel
15. Transshipment is not permitted.
16. 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,
17. 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)
(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.
18. Both
19. Non-vessel Operating Common Carriers (NVOCC) may not be
employed to carry
20. 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 (
21. 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).
22. Owners warrant that vessel offered is free from any liens
and/or encumbrances.
23. 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
24. Commission: 2.50 percent on gross freight, deadfreight and
demurrage is payable to Muller Shipping Corporation if vessel offered direct.
If broker involved then 2/3 of 2.50 percent is payable to Muller Shipping
Corporation and 1/3 of 2.50 percent is payable to offering broker.
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.
27. All other terms and conditions as per Proforma Charter
Party, available upon request.
For further information contact Muller
Shipping Corp. 516-256-7700 (
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