Indonesia CARE 416b 02-028
Commodity: 25,000 MT Soybean Meal
Pack Size: Bulk
Load Port: 1/2 SP Each, 1/2 SP U.S. Gulf
Laydays: Dec 10/20, 2002
Discharge Port: 1/2 SB each, 1/2 SP Cigading or Jakarta, and/or Surabaya, Indonesia
Owner/Carrier: Liberty Maritime Corp.
Vessel/Flag: MV Liberty Glory, U.S. Flag
Booked Rate/GMT: $ 105.51/GMT Ocean
Plus $2.00/MT each additional load port
Plus $3.50/MT each additional disport
CARE Indonesia Freight Tender
Invitation for Bid IND-CARE-416(b)-02-028
September 12, 2002
Muller Shipping Corporation, New York, for and on behalf of CARE, 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) for the carriage of soybean meal in bulk under the Section 416(b) program on the following basis.
Cargo: Approximately 25,000 MT Soybean Meal in Bulk. Offeror should consider offering vessel to carry a wide range of tonnages to accommodate the program needs. Contracted quantity will be on Min/Max basis.
Loading: 1/2 SB Each, 1/2 SP U.S. Ports. Mississippi River including but not north of Port Allen to be considered as one port; Colombia River District including Portland to be considered as one port; San Francisco Bay area including Sacramento and Stockton to be considered as one port. For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.
Discharging: 1/2 SB, 1/2 SP Cigading or Jakarta, and/or Surabaya, Indonesia. Disport rotation to be at Charterers option.
Laydays: December 10/20, 2002.
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 preadvice of vessel's readiness to load. 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. 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.
1. Vessel Restrictions:
-Tankers and towed barges excluded.
- Following is provided for guidance only, without guarantee:
Cigading: Max LOA 300 M / Draft 16.0 M / Beam 40 M
Jakarta: Max LOA 225 M / Draft 13.5 M / Beam 40 M
Surabaya: Max LOA 225 M / Draft 9.5 M / Beam 40 M
- 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. Date 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 or vessel as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account but not exceeding New York market rates for U.S. and non-U.S. flag vessels.
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, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.
3. Vessel Gear Requirements: Cargo discharge will be by grabs. Alternative discharge methods such as Vacuvators or Marine Legs are not acceptable. Grabs to be supplied by receivers at each disport, with Vessel Owner to provide 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. 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.
- Opening and closing of hatches at loading and discharging ports shall be performed by the Vessel's crew at the Owners' expense. 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 and/or discharge ports, if used.
5. Offers requiring premium for additional load/discharge berths will not be considered responsive to this tender.
6. Lightering at Disport: 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.
The Owners are responsible for Vessel arriving at discharge port with an acceptable safe arrival draft. If Vessels' draft exceeds the acceptable safe arrival draft, Owner to be fully responsible for any and all costs in reaching such safe draft.
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 grain. 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.
Discharge from mother vessel to lighters and from lighters to shore to be effected by grabs only. Grabs for discharge from mother vessel to lighters to be supplied by Owners.
7. If part cargo, any additional cargo shall be duly separated at owners'
expense, non-injurious to CARE cargo and detailed in offer or approved by Charterers/USDA if contracted after fixture of CARE cargo. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.
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
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
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.
Note: Tankers are excluded
(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 CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s). Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.
11. Discharge rate:
The cargo is to be discharged, free of risk and expense to the vessel (Free Out Discharge) at the average rates of 400 MTS of 2,204.6 pounds per working hatch per weather working days of 24 consecutive hours, with a maximum daily guarantee of 1200 MT for bulkers and 1000 MTS for Tweens/Multi-deckers/ITBs, Saturdays, Sundays and Holidays excepted, even if used (WWDSSHEXEIU), on the basis of the bill of lading quantity. Discharge guarantee shall not apply on LASH/Seabee barges.
Charterers/Receivers to appoint and pay for stevedores at port of discharge.
Charterers/Receivers to appoint agents at the discharge port(s), with agency fees for Owners' account, but not to exceed customary applicable fees.
Discharge Port Laytime accounts are to be settled directly between Owners and Charterers. Vessel Owner is to prepare and submit signed discharge port laytime statement to Charterers or their agents for approval within thirty days of completion of discharge. Laytime statements are to be accompanied by discharge port Notice of Readiness and Statement of Facts, both signed on behalf of Charterers/Receivers. 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.
12. 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) 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 offer.
(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.
13. Both U.S. and foreign flag offers that are responsive to this tender will
be considered, with no negotiation permitted.
14. 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.
15. Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry
U.S. or Foreign Flag shipments.
16. 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.
17. 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).
18.Owners warrant that vessel offered is free from any liens and/or encumbrances.
19.Substitution of Vessel is not permitted without CARE/USDA prior approval. Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.
20. Commission: 2.50 percent on freight / deadfreight is payable to Muller Shipping Corporation if vessel offered direct. If broker involved then 2/3rd of 2.50 percent is payable to Muller Shipping Corporation and 1/3rd of 2.50 percent is payable to offering broker.
21.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 CARE. 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.
22.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.
23.All other terms and conditions as per Proforma Charter Party, as revised August 2002 available upon request.
24.Offers to be received by Muller Shipping Corporation by sealed letter, telex or telefax not later than 1100 hours New York Time September 17, 2002 for validity 1700 hours New York Time September 20, 2002. No phone or verbal offers will be accepted. CARE reserves the right to accept or reject any and all offers.
If telex or telefax offers start printing prior to 1100 hours Sept. 17, 2002 and continue printing past that time, offer will be considered as having been received on time. Late offers will not be considered.
Offers 'subject open' will only be considered when the 'subject open' restriction is lifted prior 1100 New York Time September 18, 2002.
Both U.S. and foreign flag offers will be opened and read in public at the place and time specified.
Offers to be submitted to:
Muller Shipping Corporation Fax 516-256-7701
One Industrial Plaza, Bldg. E
Valley Stream, New York 11581
For further information contact Muller Shipping Corp. 516-256-7700 (New York)