IFB# 18-014P Philippines Tender Award
September 5, 2019
Award Date September 5, 2019
Cargo: 15,390 MT Min/Max Soybean Meal in bulk
Combo: 6,400 MT Soybean meal in bulk for account ASA Cambodia/Vietnam
Laycan: October 21-31, 2019
Loading: 1-2SB 1-2SP USWC
Delivery: 1 SB 1SP Subic Bay, Philippines
Vessel: E.R. Bordeaux, Liberia Flag Bulk Carrier Built 2011, IMO 9483229
Owner: Sealift Holdings Inc.
Freight: USD 49.82/MT basis 1SB 1SP Grays Harbor, WA (W-GRHB)
If applicable: USD 300,000 / pro-rata for each additional load berth
LP: USD 15,000/HD PDPR
DP: USD 5,000/HD PDPR
Laytime is non-reversible
IFB# 18-014P Philippines Tender
August 27, 2019
Program: Food for Progress
Date: August 27, 2019
IFB Number: 18-014B
WBSCM Commodity Solicitation Number 2000006394
WBSCM Freight Solicitation Number 2000006395
Muller Shipping Corporation, New York announces the following freight tender for account of the ACDI/VOCA, and requests offers of U.S. and non-U.S. flag geared vessels for the carriage of commodities under the Food for Progress program.
Cargo: Up to approximately 15,390 metric tons Soybean Meal in bulk
WBSCM S.O.: 5000545423
Laycan: October 21-31, 2019
Loading: 1-2SB, 1-2SP, All USA Port Ranges
Discharging: 1-2SB 1SP Subic Bay, Philippines
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
Offers in combination with ASA Vietnam soybean meal for the same Laycan are encouraged. If commodities contracted under this tender are a part cargo, Subic Bay to be the first discharge port.
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.
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 12:00 noon U.S. Central Time (1:00 p.m. U.S. Eastern Time) on September 3, 2019. Only firm offers will be accepted. All offers must remain valid through close of business U.S. Eastern time September 6, 2019. No phone offers or offers via e-mail will be accepted.
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.
When submitting a freight proposal in WBSCM, the Carrier confirms their proposal is firm and in agreement with the terms and conditions of the freight solicitation(s). In the event a Carrier submits a freight proposal and withdraws the proposal after USDA receives and awards the commodity offers, the Carrier shall be responsible for all expenses resulting from the withdrawal including, but not limited to, re-procurement costs and additional freight costs.
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
There have been significant changes to the Cargo Preference legislation. Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.
For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.
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 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.
Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Philippines import regulations. Said PSI shall be arranged and paid for by Charterer/Receiver, but Owner to permit the PSI inspector to board and inspect vessel holds and witness the loading. Charterer/Receiver may also arrange and pay for their own draft survey at the load port, and Owners to fully cooperate with the appointed surveyor.
1. Vessel Restrictions:
- Non-U.S. flag vessels must be single-deck bulk grain carriers only and must not be older than fifteen (15) years. Year of original construction, not rebuilt date, to govern. U.S. flag vessels may be non-bulkers, but cargo to always be directly accessible by vessel cranes/grabs. All vessel(s) to be classed highest Lloyds or equivalent.
- 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.
- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and ends of tweendecks or other spaces which are not bleedable or directly accessible to grab discharge. Time used for discharging from such places shall not count as Laytime or time on demurrage.
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.
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:
Vessels must be equipped with own cranes capable of handling grabs in the event vessel does not have grabs on board.
- Vessel gear shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and 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 each discharge port shall be at the Owners' expense. All other hatch operations at discharge ports for receiver’s time, risk and 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 for additional load/discharge ports, if used. Freight rate quotations must provide 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 Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick plywood dunnage boards with drilled holes in order to accept fumigation. 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 damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.
Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality. Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of ASA 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 bill(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.
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) and to provide same to Charterer’s agent immediately upon completion of loading.
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. Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved surveyor.
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
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, and rates quoted to be market related. 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.
(d) 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 within ten (10) days of completion of discharge. Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Muller Shipping Corporation, New York, Fax: 516-256-7701/email email@example.com. 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 buyers. Any/all disputes between vessel owners and the buyers 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 Terms: Vessel to be discharged at One (1) Safe Berth Subic Bay, Philippines, maximum draft 11.5 meters, maximum LOA 220 meters. Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 6,000 MT if cargo contracted under this tender is a full cargo, or 1,200 MT per hatch if a part cargo, pro-rata per weather working day of 24 consecutive hours, Saturday PM, Sundays and Holidays excluded even if used (PWWD SATPMSHEX.EIU), on the basis of the bill of lading quantity (in tons of 2,206.6 pounds). Time from 1200 hours local time Saturday (or on a day preceding a holiday) through 0800 hours local time Monday (or day after holiday) shall not count against Laytime, even if used. All times local times.
Time used for initial shifting into berth from anchorage or lay berth at each discharge port shall not count as Laytime, even if vessel is on demurrage. All other shifting at discharge port(s) for receiver’s account and to count as Laytime, except if shifting is necessary due to vessel size, type or configuration, or as excluded per the terms of Clause 7 herein (Lighterage), in which case time shall not count and costs are for Owner’s account.
12. Notice of Readiness (NOR) at discharge port to be delivered at the office of Receivers or Receiver’s Agent during normal office hours, between 0900 hours and 1700 hours Monday through Friday, (Saturday, Sundays and holidays excluded), whether vessel has been customs cleared or not (WCCON), whether vessel has been granted free pratique or not (WIFPON), whether vessel in is port or not (WIPON), whether vessel is in berth or not (WIBON), and with any and all required lightering completed. Laytime to commence at 0800 hours on the next working day after NOR has been tendered in accordance with these provisions. At vessel’s option, NOR may be tendered in writing by cable, telex, facsimile or email. Furthermore, at the Vessel’s option, NOR may be tendered if the vessel is at anchorage waiting for berth. All times local times.
13. 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.
14. 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, and in any case not later than the second regular business day after loading is completed. Bills of lading to be marked “Freight Payable as per Governing Charter Party”. Bills of Lading must have issued date and On-Board date not later than November 10, 2019. Further, Bills of Lading to be marked “For Feed Ingredient Use”.
15. Not later than 24 hours after 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 firstname.lastname@example.org. Said notice to state vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date, departure date (or ETD if vessel has not yet sailed), ETA Subic Port and any ports of call en route, and loaded draft of vessel ETA Subic Bay.
16. Transshipment is not permitted.
17. 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, CCC/USDA will have the right deduct same from the ocean freight
18. 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.
19. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.
20. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement, and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.
21. 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 (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, or other evidence satisfactory to Charterers. Owners are 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 and/or ISPS code(s). Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract. Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.
22. 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).
23. Owners warrant that vessel offered is free from any liens and/or encumbrances.
24. 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 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:
25. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's Agent / Freight Forwarder, Muller Shipping Corporation.
26. 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 (New York)
END OF FREIGHT TENDER