Bangladesh CARE 416b 01-049
Commodity: Crude Degummed Soybean Oil
MT : 20,000
Pack Size: Bulk
Load Port: U.S. Gulf
Date at US Port: March 1, 2002
Discharge Port: Chittagong, Bangladesh
Owner/Carrier: August Trading, Inc.
Vessel/Flag: MT Sabine Eagle U.S. Flag
Booked Rate/GMT: $ 154.37/GMT Ocean
February 4, 2002
Shipping Corporation, New York, for and on behalf of Government of Bangladesh
("GOB"), hereby amends their freight tender issued February 1, 2002
for the carriage approximately 20,000 metric tons of Crude Degummed Soybean Oil
in bulk under of the Section 416(b) program.
following paragraph is to be added to Clause 12:
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.
other terms and conditions of original freight tender are unchanged.
of Bangladesh Freight Tender
Invitation for Bid BG-CARE-416(b)-01-049
Date: February 1, 2002
Shipping Corporation, New York, for and on behalf of Government of Bangladesh
("GOB"), requests offers of U.S. and non-U.S. Flag tankers, for the
carriage of Section 416(b) program commodities on the following basis.
ITBs will be considered. Towed
barges will NOT be considered.
Cargo/Quantity - Approximately 20,000 metric tons Crude Degummed Soybean Oil (CDSO)
in bulk. Offerors should consider
offering vessels to carry a range of tonnages in the event that the quantity
purchased in is more or less than the quantity stated in this tender.
Contracted quantity to be on a Min/Max basis.
Load port/range - one to three safe berths each one to three safe U.S.
ports. Offers will be considered
from all U.S. coastal ranges, including U.S. Great Lakes ports. For offers basis
U.S. Great Lakes utilizing feeder vessels, offer is to include name and
description of feeder vessels. If Mississippi River District, not north of but
including Baton Rouge, LA to be considered one port.
Puget Sound area, including Tacoma, to be considered as one port.
Columbia River District, including Portland, to be considered as one
San Francisco Bay area, including Sacramento and Stockton, to be considered one port.
Discharge port(s) - one to three safe berths, one safe port Chittagong,
Bangladesh. Transhipment is not
Loading/Discharging terms:(a) Loading terms:
Free in at the average rate of 150 metric tons per running hour, WWDSHINC,
with demurrage, no despatch. Notice of Vessel's
readiness to load must be tendered and accepted at the office of Commodity
Suppliers (loading facility's office) or their agents and at the office of the
Charterers or their agents between the hours of 0900 and 1600 hours local time
on a business day (Monday through Friday, holidays excepted), or between the
hours of 0900 and 1200 noon if on Saturday (provided not a holiday).
Laytime at load port to commence at six (6) hours after vessel's Master
or Agent files the Notice of Readiness and all required inspection certificates
to the declared loading terminal. 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/or port.
Prior time, if 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 CDSO. 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 Societe of Maritime Arbitrators, Inc.
Discharging terms: Cargo to be
discharged at the Owner's time, risk and expense.
Cargo is to be discharged at the average rate of 200 tons of 2,204.6
pounds per running hour, weather working days of 24 consecutive hours, Fridays,
Saturdays, and Holidays included, on quantity contracted under this tender only.
Any time used for shifting or connecting or disconnecting pumps or hoses
not to count, even if vessel is otherwise on demurrage.
of Vesselís readiness to discharge must be tendered and accepted at the office
of the Receivers or their agents between the hours of 0900 and 1600 hours local
time on a business day (Sunday through Thursday, holidays excepted), Vessel
having been entered at the custom house, accompanied by all necessary passes,
and with any and all required lightening completed.
Laytime will then commence at 0800 hours on the next business day,
whether in berth or not.
to provide all necessary equipment (including main/ stripping pumps and hoses in
good working order) to effect discharge of the cargo into shore tanks and/or
trucks. Pumps must have a minimum
pressure of 50 psi with pumping capacity of at least 200 MT per hour and able to
pump water with adequate pressure to clean hoses and pipes at the discharge
Lightening, if necessary, is for owners time, risk and expense.
Demurrage/despatch is applicable at discharge port(s).
Owners are to specify demurrage/despatch rates in their offer.
Despatch rates must be one-half of demurrage rates quoted.
Discharge port Laytime accounts are to be settled directly between owners and
Receivers. Vessel owner is to
prepare and submit signed discharge port Laytime statement to Receivers for
approval within thirty days of completion of discharge.
Discharge port Notice of Readiness and discharge port Statement of Facts,
both signed on behalf of Receivers and Owners 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 the
vessel owners and the Charterers or Receivers.
Any/all disputes between vessel owners and the Charterers or Receivers
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
Laytime is non-reversible.
Laydays: March 1/8, 2002
(14) day load port preadvice required. Preadvice
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 and
must be sent via fax (email not acceptable). If preadvice is received after 1100
New York time on a regular business day or on a weekend/holiday, preadvice will
be considered received on the next business day.
to tendering notice of readiness (NOR) at first load port, owners to provide all
are required to continuously provide Charterers or their agent with vessel ETA
and vessel position including latitude and longitude up to U.S. load port and
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.
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
Transhipment 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/operator / 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
including latitude/longitude / Laydays / Vessel ETA at load port and proposed
itinerary / Maximum fully loaded draft of vessel.
or additional certifications on the vessel if needed, shall be furnished by
owners upon request.
Foreign flag vessels must not be older than twenty (20) years and must be
classed highest in Lloyd's register or its equivalent.
Date of original construction, not rebuilt date, to govern.
No substitution of vessels allowed unless approved by all parties concerned.
Substitution requests must be presented within a reasonable time for
consideration by GOB/USDA.
Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S.
or Foreign Flag shipments.
Cargo covered under this contract may not be relet to another carrier or
operator without the written authorization of Charterers and USDA.
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.
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
Freight rate 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
requiring additional premium for additional load/discharge berths will not be
considered responsive to this tender.
Lightening for owners account. 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 CDSO 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.
owners intend to lighten, the offer should specify the cost of lightening,
whether partial or full lightening. If
lightening is not performed at the discharge port and vessel directly discharges
at berth USDA will deduct the lightening cost from the ocean freight.
15. Owners to provide vessel tank inspection certificate evidencing cleanliness all tanks to be loaded for this fixture. Inspection to be performed and certificate to be issued by an independent surveyor at owner's expense.
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.
owners fail to tender vessel within the laydays, and whether or not the
option to cancel the charter/booking is exercised, the owners are to be fully
responsible for all charges attributable to the failure to tender and be
accepted before the canceling date of the charter, whether accruing to charterer
or to the United States Government as donor, including but not limited to
carrying charges covering interest, storage and insurance. In which case it will
be a condition of payment of freight that owners submit as part of their
documentation "paid" invoices from the suppliers for carrying charges
or a certification from the suppliers that carrying charges did not accrue.
Ultimately, the USDA has the authority to
deduct any carrying charges due from the payment of the ocean freight.
In case of part cargoes, any additional completion cargo(es) must be duly
separated, must be compatible and non-injurious to GOB Section 416(b) CDSO
cargo(es), must be detailed in offer or approved by Charterers/USDA if
contracted after fixture of GOB Section 416(b) CDSO cargo(es). Vessel's itinerary and geographic proximity of completion
cargo(es) will be taken into consideration by Charterer/USDA in approval of such
cargo(es) in order not to unduly impede delivery of GOB Section 416(b) CDSO
cargo(es) to the discharge port.
Clean original bills of lading to be released immediately upon completion of
loading along with copies of all required inspection documents.
"To Order" bills of lading may be required.
The successful offeror(s) will post a performance bond in an amount equivalent
to five percent (5%) of the total estimated freight costs within five (5)
working days of the award in the form of a certified check drawn on a U.S. bank,
or cashiers check issued by a U.S. bank, in favor of GOB.
Said Bond is due within five (5) working days from date of freight
fixture confirmation and failure to provide such performance bond within that
time period may result in voiding of the contract.
Bond will be released upon vessel's presentation for loading within the
contracted Laydays. Bond will be
liquidated if vessel fails to present within the Laydays.
Under no circumstances is the performance bond to be considered as the
maximum liability or liquidation of damages incurred due to a non-performance of
the ship owner.
Payment of one-hundred percent (100%) of freight will be paid directly to the
carrier by the USDA upon confirmation of vessel arrival at the first or sole
discharge port, subject to terms and conditions of governing charter party
Owners to be responsible for any cargo loss, shortage, or damage between the
bill of lading weight and the weight delivered at the port of discharge.
Further, the United States Department of
Agriculture/Kansas City Commodity Office's guidelines for claims for over, short
and damaged cargo documentation to be fully incorporated in contract/charter.
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.
A broker's commission is payable by owners on gross freight, dead freight and
demurrage. Two-thirds (2/3) of two
and one-half percent (2.5%) to be paid to Muller Shipping Corporation and
one-third (1/3) of two and one-half percent (2.5%) to be paid to owner's broker
if owner's broker involved in the fixture, or a full two and one-half
percent (2.5%) to be paid to Muller Shipping Corporation if the vessel fixture
is arranged without owner's broker.
Further details and additional terms are subject to the terms and conditions of
the GOB Proforma charter party dated September 2001, which is available upon
request from Muller Shipping Corp.
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
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
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 the
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.
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.
Owners must guarantee that the performing vessel fully complies with the new ISM
Code, if required, and is in possession of a valid Document of Compliance and
Safety Management Certificate and will remain so for the entirety of her
employment under this charter party. Owners
are to provide charterers with satisfactory evidence of compliance and to remain
fully responsible for any and all consequences resulting directly or indirectly
from any matters arising in connection with this vessel and the ISM code.
Non-compliance with the requirements of the ISM code shall be deemed a
breach of contract.
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
Owners warrant that vessel offered is free from any liens and/or encumbrances.
Owners further warrant that vessel offered is registered with U.S. Coast
Guard and classified by ABS.
Offers to be received by sealed letter, telex or telefax not later than
1200 hours (noon) Eastern Time Tuesday February 5, 2002 for validity 1700 hours
Eastern Time Friday February 8,, 2002. No phone or verbal offers will be
accepted. GOB reserves the right to
accept or reject any and all offers.
offers which are responsive to the terms of the tender will be considered.
No negotiation will be permitted.
Both U.S. and foreign flag offers will be opened and read in public at the place
and time specified, and all offers that are responsive to this tender will be
considered, with no negotiation permitted.
Offers from outside the United States must be made through a U.S.A.
representative or broker.
Telex or telefax offers start printing prior to 1200 hours (noon) Tuesday
February 5, 2002 and continue printing past that time until completion, offer
will be considered as having been received on time.
Late offers will not be considered or accepted.
Offers 'subject open' will only be considered when the 'subject open'
restriction is lifted prior to 1100 hours Eastern Time February 6, 2002.
to be submitted to:
Muller Shipping Corporation Fax 516-256-7701
One Industrial Plaza, Bldg. E
Valley Stream, New York 11581
For information contact Juan R. Matute or Paul Blizzard at 516-256-7700.