IFB 11-062P Nicaragua Tender Amendment 2

November 13, 2012

Freight Tender Amendment #2:  FFTP, MDFFE, Nicaragua 11/13/12.

.BKA LOGISTICS LLC, AS AGENTS FOR AND ON BEHALF OF FOOD FOR THE POOR (FFTP), HEREBY AMENDS THE NICARAGUA FREIGHT TENDER DATED NOV 08, 2012 (INV.112A - IFB NUMBER: 11-062P) AS FOLLOWS:

.THE DUE DATE IN WBSCM IS EXTENDED.  FREIGHT OFFERS ARE NOW DUE NO LATER THAN 1400 HRS CT (1500 HRS ET) ON NOVEMBER 14, 2012. 

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ALL TERMS AND CONDITIONS OF FREIGHT TENDER REMAIN UNCHANGED.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC WASHINGTON D.C. AT PHONE 202-331-7395,

TELEFAX 202-331-7735, E-MAIL: MARK.MILLARD@BKALOGISTICS.NET

IFB 11-062P Nicaragua Tender Amendment 1

November 9, 2012

Freight Tender Amendment: FFTP, MDFFE, Nicaragua 11/09/12.

BKA LOGISTICS LLC, AS AGENTS FOR AND ON BEHALF OF FOOD FOR THE POOR (FFTP), HEREBY AMENDS THE NICARAGUA FREIGHT TENDER DATED NOV 08, 2012 (INV.112A - IFB NUMBER: 11-062P) AS FOLLOWS:

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THE DUE DATE IN WBSCM IS EXTENDED.  FREIGHT OFFERS ARE NOW DUE NO LATER THAN 1000 HRS CT (1100 HRS ET) ON NOVEMBER 14, 2012. 

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ALL TERMS AND CONDITIONS OF FREIGHT TENDER REMAIN UNCHANGED.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC WASHINGTON D.C. AT PHONE 202-331-7395,

TELEFAX 202-331-7735, E-MAIL: MARK.MILLARD@BKALOGISTICS.NET

IFB 11-062P Nicaragua Tender

November 9, 2012

Freight Tender: FFTP, McGovern Dole Food for Education Nicaragua (11/08/12).

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FREIGHT INVITATION NO.:  2000001469.

COMMODITY INVITATION NO:  2000001468.

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BKA LOGISTICS LLC, AS AGENTS FOR AND ON BEHALF OF FOOD FOR THE POOR, INC. (FFTP), REQUESTS U.S. AND NON U.S. FLAG OFFERS FOR CARRIAGE OF THE FOLLOWING McGOVERN DOLE FOOD FOR EDUCATION PROGRAM CARGOES, VIA CONTAINER SERVICE ONLY, UNDER INV-112A:

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IFB NUMBER:  11-062P.

SO #:                  5000138167

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REF NO:           FFTP-NIC-112A-01

CARGO:           UP TO 100 NMT 

COMMODITY:  TEXTURED SOY PROTEIN – 50 LB BAGS

LOADING:        SEE SPECIAL NOTE “B” BELOW              

DELIVERY:      MANAGUA, NICARAGUA (SEE NOTE 4)

AVAIL:              SEE SPECIAL NOTE “C” BELOW

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REF NO:           FFTP-NIC-112A-02

CARGO:           UP TO 140 NMT 

COMMODITY:  NONFAT DRY MILK – 25 KG BAGS

LOADING:        SEE SPECIAL NOTE “B” BELOW              

DELIVERY:      MANAGUA, NICARAGUA (SEE NOTE 4)

AVAIL:              SEE SPECIAL NOTE “C” BELOW

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ON THE ABOVE:

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TERMS:  FULL BERTH TERMS, ALL INCLUSIVE. NO DEMURRAGE / NO

DESPATCH/ NO DETENTION ON VESSELS/CONTAINERS/TRAILERS BENDS.

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SPECIAL NOTE “A”:

SUBMISSION OF FREIGHT OFFERS:

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) 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 1400 HRS CT (1500 HRS ET) ON NOVEMBER 13, 2012. 

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 A 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: WBSCMHELP@AMS.USDA.GOV

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SPECIAL NOTE “B”:

CARRIERS ARE ENCOURAGED TO OFFER ON ANY/ALL “FAS POINTS” AND “BRIDGE POINTS” AS LISTED ON THE USDA DOCUMENTS “APPROVED PORTS/TERMINALS” AND FORM KC-362 AND ALL “INTERMODAL PLANT POINTS” AS LISTED ON FORM KC-362.

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SPECIAL NOTE “C”:

AVAILABILITY/AT PORT DATE FOR COMMODITY DELIVERIES F.A.S. VESSEL FOR

THIS COMMODITY INVITATION IS 02/05/13. THE POTENTIAL SHIPPING PERIODS FOR BIDS AT THE PLANT OR BRIDGEPOINT LOCATIONS CAN BE FOUND IN THE COMMODITY SOLICITATION.  THE AVAILABILITY/AT PORT AND SHIPPING PERIODS ARE THE CONTRACTUAL REQUIREMENT OF THE SUPPLIER(S), SUCCESSFUL OCEAN CARRIER(S) ARE ENCOURAGED TO COORDINATE WITH SUPPLIER(S) TO ENSURE A SMOOTH LOADING AND/OR TRANSFER OPERATION.

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SPECIAL NOTE "D":

IN AWARDING CARGO UNDER THIS FREIGHT INVITATION, USDA WILL CONSIDER FACTORS INCLUDING THE LOWEST LANDED COST, AND THE IMPACT OF ANY POTENTIAL AWARD ON THE AGENCY’S ABILITY TO SATISFY THE REQUIREMENTS OF STATUTES AND REGULATIONS INCLUDING THE CARGO PREFERENCE ACT. 

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SPECIAL NOTE “E”
THE CARRIER IS RESPONSIBLE TO COORDINATE WITH INTERTEK, THE LOADING OF THE CARGO, IN ORDER FOR THE “VESSEL LOADING OBSERVATION” (VLO) CERTIFICATE TO BE ISSUED.

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SPECIAL REQUIREMENTS:

DISPUTE RESOLUTION – ARBITRATION.

LDA – YES, AT USD 1.00/MT/DAY OR PRO-RATA, PER B/N CLAUSE 15.

DDA – NO.

FUMIGATION – YES, ON TSP ONLY, IN ACCORDANCE WITH USDA REGULATIONS, AT CARRIER’S TIME/RISK/EXPENSE.

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NOTE 1: CONTAINERIZATION IS REQUIRED FOR ALL COMMODITIES.  CONTAINERS TO BE LOADED BY CARRIER AT CARRIER’S TIME, RISK, AND EXPENSE.  NO MINIMUM CONTAINER LOAD REQUIREMENTS WILL BE ACCEPTED. 

NOTE 2: CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO LOAD FFTP CARGO IS: (A) IN WIND AND WATER TIGHT CONDITION; (B) NOT MORE THAN TEN (10) YEARS OLD; AND, (C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM REGULAR SERVICE.  AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE BKA A FGIS SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS.  SURVEY IS TO BE PERFORMED PRIOR TO LOADING FFTP CARGOES.

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NOTE 3: FREIGHT PAYMENT SHALL BE PROCESSED THROUGH THE WBSCM SYSTEM AND PAID BY USDA.

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NOTE 4:  ENROUTE TO RECEIVER’S WAREHOUSE(S) IN MANAGUA, NICARAGUA VIA THROUGH BILLS OF LADING.  PREFERRED DISCHARGE PORTS ARE PUERTO CORTEZ OR ACAJUTLA.  CARRIER TO DELIVER AND STACK CARGOES INTO RECEIVER’S MANAGUA WAREHOUSE(S) AT CARRIER’S TIME, RISK, AND EXPENSE – AS PER U.S. FOOD AID BOOKING NOTE DISCHARGE/DELIVERY TERMS 2(C)(ii).  THE CONSIGNEE/RECEIVER REQUIRES A FORTY FIVE (45) CALENDAR DAY FREE TIME PERIOD ALLOWING FOR COMPLETION OF CUSTOMS FORMALITIES.  THE 45 DAYS FREE TIME PERIOD COMMENCES UPON COMPLETION OF DISCHARGE OF ALL THE FFTP CONTAINERS FROM THE VESSEL AT THE FINAL DISCHARGE PORT.  THE FREE TIME APPLIES TO THE CARRIER’S EQUIPMENT AND THE CARRIER’S/PORT’S/BORDER CROSSING’S CONTAINER YARDS AND TERMINALS.  THE CARRIER IS RESPONSIBLE FOR ALL HANDLING COSTS AND PORT/TERMINAL/YARD/PARKING FEES APPLICABLE DURING THIS FREE TIME PERIOD.  AS THE CARRIER IS RESPONSIBLE FOR THE FOREIGN INLAND TRANSPORT AND WAREHOUSE STACKING AT MANAGUA, AT CARRIER’S TIME/RISK/EXPENSE, NO EQUIPMENT/DEMURRAGE/DETENTION/STORAGE/HANDLING/PORT FEES ARE APPLICABLE AFTER THE CUSTOMS RELEASE IS GRANTED.

IF THE CONSIGNEE/RECEIVER EXCEEDS THE 45 DAY FREE TIME PERIOD, CONTAINER DEMURRAGE/DETENTION SHALL BE IN ACCORDANCE WITH THE CARRIER’S CONTAINER DEMURRAGE/DETENTION RATES, BUT SHALL NOT EXCEED $10 PER CONTAINER PER DAY, OR AS PER CARRIER’S TARIFF RATE, WHICHEVER IS LOWEST COST PER DAY/PER CONTAINER. 

MAIN WAREHOUSE FOR USDA PRODUCT DELIVERY:

AMERICAN NICARAGUAN FOUNDATION

KM. 18 ½ CARRETERA NUEVA A LEON

MANAGUA, NICARAGUA

JANETTE GALAN, LOGISTICS DIRECTOR

INTERNATIONAL CALLS (305) 374-3391 EXT.307

NICARAGUA +(505) 2269-1283

THE CARRIER IS RESPONSIBLE FOR ANY/ALL CHARGES ASSOCIATED WITH AND INCLUDING THE RE-SEALING OF CONTAINERS WHEN OPENED BY CUSTOMS AUTHORITIES.

THE CARRIER IS RESPONSIBLE FOR ANY/ALL ADDITIONAL CENTRAL AMERICA FUMIGATION COSTS, INCLUDING ALL FUMIGATION HANDLING COSTS, REQUIRED TO ACCOMPLISH THE DELIVERY TO MANAGUA.

NICARAGUAN CUSTOMS AUTHORITY REGULATIONS (CT- 138-2011/CT-150-206) REQUIRE CARRIERS TO BE REGISTERED IN THE NICARAGUA MINISTRY OF TRANSPORTATION.  THE CARRIER MUST BE LEGALLY REPRESENTED IN NICARAGUA WHERE THEY OR THEIR LOCAL AGENT IS ABLE TO HANDLE ALL FORMAL DOCUMENTATION REQUIRED BY NICARAGUAN CUSTOMS AUTHORITIES.  ANY DELAYS OR ADDITIONAL COSTS INCURRED BY FFTP OR THEIR CONSIGNEE, DUE TO CARRIER OR THEIR AGENT’S INABILITY TO PROPERLY HANDLE FORMAL CUSTOMS DOCUMENTATION REQUIREMENTS, WILL BE FOR THE CARRIER’S ACCOUNT.

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NOTE 5:  COMMODITIES MUST LOAD ON ONE VESSEL PER CONTRACTED CARRIER.  FFTP REQUESTS VESSEL DEPARTURE FROM US LOADPORT AS SOON AS POSSIBLE AFTER THE COMMODITIES ARE AVAILABLE.

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NOTE 6: CARRIERS MUST NOT COMINGLE OTHER SHIPPER’S COMMODITIES OR DIFFERENT COMMODITIES IN THE SAME CONTAINER.

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NOTE 7: CERTAIN COMMODITIES COVERED BY THIS RFP MUST BE INSPECTED BY APHIS/PPQ OR OTHER SUCH AUTHORITIES PRIOR TO LOADING SO THAT A PHYTOSANITARY CERTIFICATE CAN BE ISSUED.  SUCH INSPECTION MUST TAKE PLACE NOT MORE THAN THIRTY DAYS PRIOR TO THE CARGO BEING LOADED ABOARD THE VESSEL AT THE PORT OF EXPORT.  CARRIERS INTENDING TO LOAD THESE CARGOES INTO CONTAINERS, LASH BARGES, OR OTHERWISE UNITIZE CARGOES IN A WAY THAT WILL PROHIBIT OR RESTRICT INSPECTIONS WITHOUT SUSTAINING ADDITIONAL COSTS WILL BE REQUIRED TO BEAR ALL SUCH ADDITIONAL EXPENSES IF THIS IS DONE BEFORE INSPECTIONS ARE EFFECTED OR IF CARGOES ARE NOT LOADED ON-BOARD A VESSEL WITHIN THE THIRTY DAY PERIOD FOLLOWING INSPECTION.

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NOTE 8: OFFERS MUST BE FOR NAMED VESSEL(S) AND INCLUDE REASONABLE AND ACCEPTABLE LOADING SCHEDULES AND TRANSIT TIMES IN ORDER TO BE

CONSIDERED RESPONSIVE.  OFFERS FOR CARRIAGE VIA VESSELS NOT IN A         REGULARLY SCHEDULED LINER SERVICE MUST PROVIDE VESSEL'S ITINERARY AND CURRENT POSITION.  ADDITIONALLY, SUCH OFFERS SHOULD INCLUDE FULL PARTICULARS ON VESSEL OWNER'S COMPANY INCLUDING OFFICERS, ADDRESS AND BANK REFERENCE.

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NOTE 9: CENTRAL AMERICAN/CARIBBEAN BARGE CLAUSE:

IF A BARGE IS OFFERED FOR SERVICE, IT MUST BE OF SUCH A TYPE TO ADEQUATELY PROTECT THE CARGO, EITHER BY DESIGN, SUCH AS A HOUSE OR MULTI-DECK BARGE, OR BY USE OF PERMANENT BIN WALLS, PROVIDED THE COMMODITY IS CONTAINERIZED.  THE USE OF OTHER DECK BARGES IS PERMITTED AS A PILOT PROJECT PROVIDED THE DECK BARGE IS CONTAINER-FITTED WITH RIGID LASHING GEAR AND AUTOMATIC TWIST LOCKS.

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NOTE 10: EXPANSION OF TERMINAL DESIGNATIONS WITHIN THE PORT OF HOUSTON, TEXAS CLAUSE:  EFFECTIVE WITH TITLE II INVITATION 028 ISSUED ON JANUARY 23, 2008, THE NOTICE TO THE TRADE EOD-150 (PILOT PROGRAM FOR LOAD PORT SURVEYS AND PROCESSED COMMODITY BIDDING BASIS HOUSTON,   TEXAS) IS CANCELLED.  USAID NOTICE TO THE TRADE DATED APRIL 5, 2006 “F.A.S. ALLOCATED COMMODITIES AT HOUSTON AND JACINTO” IS ALSO RESCINDED.  THIS MEANS THAT BEGINNING WITH INV 028, HOUSTON WILL NO LONGER BE AVAILABLE AS AN APPROVED DELIVERY POINT.  OFFERORS MUST SELECT TERMINALS WITHIN THE PORT OF HOUSTON AS LISTED IN NOTICE TO THE TRADE: EXPANSION OF TERMINAL DESIGNATIONS WITHIN THE PORT OF HOUSTON, TEXAS.   THE NOTICE IS POSTED ON THE USAID OCEAN NOTICES WEBSITE AT  HTTP://WWW.USAID.GOV/BUSINESS/OCEAN/NOTICES/. A COMPLETE LIST OF DELIVERY/BID POINT CODES, INCLUDING THE NEW HOUSTON  DELIVERY/BID POINT CODES, IS AVAILABLE AT:  HTTP://WWW.FSA.USDA.GOV/FSA/WEBAPP?AREA=HOME&SUBJECT=COOP&TOPIC=PAS-EX-AP

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NOTE 11: ALL VESSEL SUBSTITUTION REQUESTS MUST BE REVIEWED BY USDA. THE PROPOSED SUBSTITUTE VESSEL SHOULD BE OF THE SAME TYPE AS THE   ORIGINALLY AWARDED VESSEL. THIS APPLIES TO BOTH U.S. AND FOREIGN FLAG VESSEL SUBSTITUTIONS. THE PROPOSED SUBSTITUTE VESSEL MUST ALSO APPEAR ON THE APPLICABLE MARITIME ADMINISTRATION U.S. OR FOREIGN FLAG VESSEL LIST WHICH CAN BE ACCESSED USING THE FOLLOWING URL:

HTTP://WWW.MARAD.DOT.GOV/SHIPS_SHIPPING_LANDING_PAGE/CARGO_PREFERENCE/CARGO_HUMANITARIAN_ASSISTANCE/CARGO_HUMAN_ASSISTANCE_REPORTS/HUMANITARIAN_FOOD_AID_REPORTS.HTM

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- COMMODITY, LOADPORT, AND INTERMODAL POINT ABBREVIATIONS AS PER USDA FORM KC-362.  DELIVERY TERMS PER USDA NOTICE TO THE TRADE OF APRIL 5, 1995.  FOR ANY COMMODITIES ALLOCATED BASIS INTERMODAL SUPPLIER’S PLANT, VESSEL OWNERS MUST COMPLY WITH SUPPLIER’S LOAD AND CAPACITY CAPABILITIES.  IF THE VESSEL FAILS TO C0MPLY WITH SUPPLIER’S LOAD CAPABILITIES, ANY COSTS INCURRED BY CCC INCLUDING BUT NOT LIMITED TO CARRYING CHARGES, LIQUIDATED DAMAGES, STORAGE, WILL BE FOR THE VESSEL’S ACCOUNT.  IF CONTAINERS/RAILCARS/TRUCKS ARE PLACED AT THE SUPPLIER’S PLANT, CARRIER MUST ENSURE THAT CONTAINERS/RAILCARS/TRUCKS ARE PLACED AT THE PLANT BY THE COMMENCEMENT OF THE SUPPLIER’S SHIPPING PERIOD AND SUPPLY   CONTAINERS/RAILCARS/TRUCKS ON A CONTINUOUS BASIS UNTIL THE SUPPLIER   FULFILLS HIS CONTRACT QUANTITY.  OWNERS ARE RESPONSIBLE TO OFFER ONLY FOR VENDORS WHO MATCH OWNERS’ CAPABILITIES.  OWNERS ARE ENCOURAGED TO REFER TO KC-362 FOR THE LIST OF PLANT LOCATIONS AND CAPABILITIES.  IF SUPPLIER FAILS TO PROVIDE COMMODITY FOR LOADING DURING THE SPECIFIED SHIPPING PERIOD (OR BEYOND ALLOWABLE FREE TIME) DEMURRAGE, IF ANY, WILL BE FOR ACCOUNT OF SUPPLIER.

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- CARRIERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE PREMIUMS IN THEIR OFFERED RATES.  OWNER BEARS THE RISK OF ANY INCREASE IN WAR RISK INSURANCE PREMIUMS.

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- AS APPLICABLE, THE ALL INCLUSIVE RATE SUBMITTED MUST BREAKOUT THE FOLLOWING COMPONENTS: OCEAN FREIGHT, INLAND TRANSPORTATION   (DOMESTIC AND FOREIGN), FUMIGATION, CONTAINER PROTOCOL (IF APPLICABLE), STRIPPING/STACKING CHARGES AT FINAL DESTINATION (IF APPLICABLE). CARRIERS WHO DO NOT SUBMIT ALL INCLUSIVE RATES AS OUTLINED ABOVE WILL BE CONSIDERED NON RESPONSIVE.

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- ONLY OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. 

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- FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY   FFTP AND USDA.

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- OFFERS MUST BE IDENTIFIED BY TENDER/RFP NUMBER AND ANY FUTURE   COMMUNICATION SHOULD ALSO IDENTIFY SAME BY TENDER OR CONTRACT   NUMBER.

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- OFFERS FROM NVOCC'S WILL BE CONSIDERED AS NON-RESPONSIVE.

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- OFFERS MUST INCLUDE: VESSEL NAME / TYPE / FLAG / YEAR BUILT.   ETA AT LOAD, DISPORT, AND FINAL DESTINATION.  FULL STYLE OF CARRIER    OFFERING, ADDRESS, TELEPHONE, TELEX, AND/OR TELEFAX NUMBERS, AS   WELL AS THE NAMES AND TITLES OF THE CORPORATE OFFICERS WITH DIRECT RESPONSIBILITY FOR THE OFFER AND APPLICABLE CORPORATE DUNS NUMBER.  WHETHER SERVICE IS DIRECT OR TRANSSHIPPED, CONTAINER OR BREAKBULK.  WHETHER SERVICE OFFERED IS LINER OR CHARTER.  STATEMENT THAT CARRIER IS A VOCC. OCEAN FREIGHT RATE TO BE IN U.S. DOLLARS AND MUST BE ALL INCLUSIVE REPEAT ALL INCLUSIVE.

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- FFTP & USDA RESERVE THE RIGHT TO ACCEPT WITHOUT DISCUSSION, REJECT,   OR NEGOTIATE PROPOSALS, INCLUDING AWARDING INDIVIDUAL LOTS   WHENEVER RFP CONTAINS MORE THAN ONE LOT OF CARGO.

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- EXCEPT TO THE EXTENT AS PROVIDED ABOVE, ALL AWARDS UNDER THIS RFP   WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE U.S. FOOD AID   BOOKING NOTE DATED NOVEMBER 1, 2004 WHICH IS FULLY INCORPORATED   HEREIN. 

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- TOTAL COMMISSIONS 2.5%. IF OFFERED DIRECT, 2.5% TO BKA LOGISTICS. IF   OFFERED THROUGH A BROKER, 2/3 OF 2.5% TO BKA LOGISTICS, AND 1/3 OF   2.5% TO OWNERS’ BROKER.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC WASHINGTON D.C. AT PHONE 202-331-7395,

TELEFAX 202-331-7735, E-MAIL: MARK.MILLARD@BKALOGISTICS.NET OR

MANISHA.LAD@BKALOGISTICS.NET