Ivory Coast Award19-073B

19-073B Ivory Coast/Abidjan

March 25, 2025

Fettig & Donalty, Inc. announces the following freight tender results for account of CNFA, for the carriage of commodities under the Food for Progress program to West Africa (Côte d’Ivoire).

IFB No.: 19-073B

Commodity Solicitation no. 2000010690

Freight Solicitation no. 2000010691

Cargo: 13,000 metric tons of soybean meal (SBM) in bulk

WBSCM SO 5000969626

Laycan: April 5-15,2025

19-073B Ivory Coast/Abidjan

March 11, 2025

Fettig & Donalty, Inc. announces the following freight tender for and on behalf of CNFA. This tender requests firm offers from U.S. and non-U.S. flag vessels for the carriage of commodities under the Food for Progress program on the following terms and conditions:

IFB No.: 19-073B

WBSCM Sales Order: SO 5000969626

Commodity Solicitation No.: 2000010690

Freight Solicitation No.: 2000010691

Cargo: Up to 13,000 metric tons of soybean meal in bulk

Agreement No.: FCC-641-2019/006-00

Freight offers are due no later than 10:00 AM U.S. Central Time (11:00 AM U.S. Eastern time) on March 19, 2025.  Freight offers shall remain valid until the close of business on March 21, 2025. 

Only firm offers that are fully responsive to this IFB will be considered. No negotiations will be permitted. No phone offers or offers via e-mail will be accepted.

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 aforementioned Solicitation(s), including the deadline(s) for submission of bids therein. 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:  WBSCM.ServiceDesk@caci.com

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.  The contracted quantity will be on Min/Max basis.  Offerors should also consider combining this cargo with another Food for Progress cargo thats being tendered concurrently for up to 26,500 MT of rice on behalf of Partners for Development.

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.

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.

All valid offers will be evaluated based on rate quotations submitted via WBSCM. Free form remarks are not evaluated and are for informational purposes only to cover issues such as optional ports, optional discharge rates, and so forth.

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 Governing Charter Party (CP).

For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

For evaluation purposes, Offerors should enter Ocean transportation rate on the basis of Free Out, One Safe Berth, Port of Abidjan, Côte d’Ivoire. 

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. 

Terms and Conditions

1. Cargo 

Up to 13,000 metric tons of soybean meal in bulk

Laydays: April 5-15, 2025

Discharging: 1 Safe Berth, 1 Safe Port Abidjan, Cote d’Ivoire  

Loading: 1 to 2 Safe Berth, 1 to 2 Safe Port, All USA Port Ranges

Load Terms: Scale Gross Load (see below)

Discharge: Free Out with Demurrage/Despatch (details below)

Buyer/Consignee: Sonal SARL

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 the office of Fettig & Donalty, Inc. 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.

Partial shipments are permitted. 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 CNFA cargo. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

If the vessel is fixed basis Part Cargo, the soybean meal for Abidjan may not be commingled with any other agricultural products on the same vessel. Any other commodities, such as rice, covered by a separate tender or any other completion cargoes 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 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.

If Kobe separation used, Owner must construct the separation so that fumigation of the cargo is effective and the separation/ stowage must be approved by the National Cargo Bureau (NCB), and a separation plan pre presented and preapproved by the Abidjan port and terminal authorities in writing all at Owner’s time, risk and expense.  All these subsequent costs/time etc. are not limited to laytime, time to install and or remove Kobe separation to be for the Owners account.

2. Vessel Restrictions

Non-US flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent, using the date of original construction and not the rebuilt date.  For U.S. flag vessels, there are no age restrictions.  U.S. Flag tankers and towed barges are restricted. On non-US Flag, only Bulk Carriers will be considered. The Vessel(s) shall be suitable for the transport of the Purchased Commodities and for discharge at the Port of Abidjan, Côte d’Ivoire.

U.S. flag vessel may be non-geared and/or non-bulkers  In case a US flag vessel/barge is not equipped with jib cranes of minimum 25 mt SWL and/or cranes which do not permit discharging with 8 cubic meter shore grabs into shore hoppers, the vessel/barge owner shall hire at vessel/barge owners’ expense and risk a shore crane for each workable hatch with sufficient safe working load (SWL) capacity  to operate 8 cubic meter shore grabs safely and efficiently.  Any time lost as a result of 1. Shore crane(s) not being immediately available upon the vessels arrival at the discharge port, and/or; 2. The initial setup of the shore crane(s), and/or; 3) Breakdown or maintenance of the shore crane(s) does not count as laytime or time on demurrage.

Non-U.S. flag vessel to be geared, equipped with own cranes, i.e. vessel hold(s) where product is stowed to be discharged with vessel's own cranes, min capacity 25 MT SWL. Discharge gear provided by Owner/Vessel 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.

Any time lost on account of the vessel crane(s) breaking down or requiring maintenance does not count as laytime or time on demurrage. Non­geared U.S. flag vessels will be required to furnish all necessary discharge equipment to maintain the guaranteed discharge rate, at Owner’s expense, and when necessary, provide all necessary operators and technicians for the equipment provided.  If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.

Tween/Multi Deck vessels need to have fully retractable decks. If not met any costs and consequences for damages to the vessel and port equipment would be for the vessel owner’s account.

Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for vessel Owner’s account but not exceeding New York market rates for U.S. flag vessels and not exceeding London Market rates for non-US flag vessels, at time of application.  The Receiver/Buyer to produce quotes and vouchers to evidence that such overage penalty has been incurred.  For US Flag vessels over 15 years of age and ATB’s/ITB’s, Owners are required to provide an additional certificate from NCB certifying that vessel’s hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo spaces. Cost of sealing and special survey are for account of Owner and in no way diminishes Owners’ liability and responsibilities toward the cargo.  Special note: On U.S. Flag, should the fixed vessel be enrolled in an insurance program that negates the overage premium requirement, the vessel Owner shall provide such information and certifications for verification.

3. Loading Port and Loading Terms

The load port should include 1 to 2 safe berths each and 1 to 2 safe port(s) in USA range.  Mississippi River, including but not north of Port Allen to be considered as one port; Columbia River District, including Portland to be considered as one port; San Francisco Bay Area including Sacramento and Stockton to be considered as one port. 

The 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.

Bulk carriers:

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/Multi-deckers: 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.

Prior the tendering the notice of readiness (NOR), the vessel must pass USDA Federal Grain Inspection Service (FGIS) stowage examination inspection and owners must provide the inspection certificate. At owners expense, the vessel will also submit to an NCB Load Readiness Inspection and provide the necessary certificate. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).

The Charterer/Receiver may require a Pre-shipment Inspection (PSI) or Pre-Verification of Conformity (PVoC). If required, said PSI or PVOC will be arranged and paid for by the Charterer/Receiver. Owners to permit the Preshipment inspector to board and inspect vessel holds and witness loading and collect samples as required.

Opening and closing of hatches at loading ports shall be performed by the Vessel's crew at the Owners' expense. 

4. Discharge Port and Discharging Terms

Vessel to be discharged at one safe berth at Port of Abidjan, Côte d’Ivoire. The Buyer has advised that the assigned discharge berth will have a maximum SWAD of 9.35 meters, a maximum Length Overall (LOA) of 190 meters, and a maximum beam of 35 meters. 

Above as guidance only and without guarantee and vessel owner to check and satisfy themselves to the prevailing restrictions at suitable berths available for discharging grain for intended vessel type. In case of any lightering required same to be for ship owner’s account including hiring of suitable barges. All time lost and all extra expenses resulting from vessel's draft and LOA exceeding port official and practical requirements for the account of the vessel owner.”

The cargo is to be discharged by the Receivers free of risk and expense to the vessel  (Free Out discharge) at the average rate of 3,000 MT of 2204.6 lbs. for Bulk Carriers and 1,500 MT of 2204.6 lbs. for Tween/Multi Deckers, per weather working days of 24 consecutive hours, Saturdays, Sundays, and official holidays (as per BIMCO holiday calendar) excepted, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity.  Time from 1700 hours local time Friday (or on a day preceding a holiday) through 0800 hours local time Monday (or day after an official holiday) shall not count against laytime, even if used. 

Time will cease to count as laytime or time on demurrage upon cargo discharge being completed. 

5. Laytime at Load Port

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.

6. Fumigation

    

Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020.  Vessels that cannot be so fumigated will not be considered. At the final loading port, the commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. 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.

The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for in-transit fumigation shall be for Receiver/Buyer’s account and time used to count as laytime

USDA FAS Notice to the Trade titled “Cargo Fumigation Requirements”, Dated February 1, 2024, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo

7. Lightering at Disport

Owners are responsible for vessel arriving at the discharge port within allowable draft.  Lightening is permitted at vessel Owner’s time, risk, and expense. Lightening (if applicable) must be performed in the territorial waters of the country of the discharge port. Lightening daughter vessel must be single deck bulk carriers meeting port’s vessel restrictions.  If the cargo is lightened using Vacuvators from mother vessel to daughter vessels, Vacuvators cannot be used again to discharge the daughter vessel(s).  Daughter vessel must be classed highest in Lloyds or equivalent and certified fit for receipt and carriage of bulk cargo under this charter party by first class independent surveyor.  If full lightening performed then, each daughter vessel, after completion of lightening operations applicable to that vessel, must tender its Notice of Readiness to discharge to consignees/receivers of their agents during regular business hours (as per (f) above) and laytime shall commence at 0800 hrs. on next business day and prior time is not to count as laytime used. Laytime shall not count on daughter vessel(s) waiting for discharge berth while another daughter vessel is occupying the discharge berth.  Laytime shall recommence on daughter vessel awaiting discharge berth once the daughter vessel at discharge berth has departed.  If partial lightening performed then, after mother vessel has completed lightening operations and reached required safe arrival draft for the discharge port, the mother vessel may tender its Notice of Readiness to discharge to consignees/receivers or their agents during regular business hours (as per (f) above) and laytime shall commence at 0800 hrs on next business day and prior time used is not to count as laytime used. Time not to count if daughter vessel/s are waiting for berth due to berth being occupied. Only one set of time to count which is either the mother or daughter ship. Any cargo shortage to be for ship owner’s account. Vessel owner is solely responsible for cargo condition throughout the lightering operation and delivery to receivers at the port facility

8. Notice of Readiness to Discharge

The vessel’s NOR to discharge must be provided to the Buyer/Receiver or its agent within the period of 0900 hours to 1700 hours (local time), Monday through Friday (except Saturdays, Sundays and official holidays), whether the vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not (WIFPON); whether the vessel is in port or not (WIPON), whether the vessel is in berth or not (WIBON). Laytime to commence at 0800 hours on the next working day after the NOR has been tendered, WCCON, WIFPON, WIPON, WIBON.  At the vessel’s option the NOR may be tendered in writing by email. Furthermore, at the Vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.

9. Laytime/Waiting at Discharge Port(s)

Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime. Laytime will commence at 0800 hours (local time) on the next working day after the NOR, as per the Governing CP, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime. 

All other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receivers/Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. Any shifting and associated laytime as a result of vessel and/or vessel owner’s inability to allow Receivers/buyers to access cargo will be for Owners’ account.

If the discharging berth is unavailable the master may warrant that the vessel is in all respects ready to discharge and tender the NOR from any usual waiting place, Whether in Port or not (WIPON), Whether in Berth or not (WIBON), Whether in Free Pratique or not (WIFPON), Whether Customs Cleared or not (WCCON). Laytime shall commence at 08:00 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.

If the discharge berth is occupied and the vessel occupying the berth is prevented from discharging her cargo due to weather conditions, time so lost shall not count as laytime, unless Owners’ vessel waiting for the berth to become available is on demurrage. Any delays caused by floods or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage. When master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently found unready in application of the above provisions, laytime or time on demurrage shall not count from the time the vessel is rejected until the time she is accepted. Any time lost shifting from waiting place to berth shall not count as laytime or as time on demurrage, unless vessel already on demurrage. Once on demurrage, always on demurrage.

Laytime not to count for time taken in opening/closing of vessel hatches.  The first opening and last closing of hatches at each discharge port shall be at the Owners' expense.  All other hatch operations at the discharge port(s) for receiver’s time, risk and expense.

One Laytime Calculation to be made for all cargo discharging at each port, to be pro-rated amongst all receivers at that discharge port. For each receiver time will cease to count as laytime or time on demurrage upon cargo discharge being completed.

Laytime is non-reversible. 

Discharge port Laytime calculations and settlement of demurrage and despatch with half despatch to apply and receivable by Buyer. This will be directly settled between Buyer and Vessel Owner.  Neither Seller (CNFA) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch.  To the extent that CNFA’s participating in such settlement discussions between Buyer and Vessel Owner would be beneficial, Fettig & Donalty is authorized to participate in such discussions on behalf of Seller, though Fettig & Donalty will have no liability resulting from such a settlement. Any disputes in settlement of laytime issues between Buyer and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.

10.   Demurrage/Despatch 

     

Demurrrage/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. 

In the event of any occurrence, happening, or circumstances giving rise to a claim by Owners for detention or deviation, the Charterers’ daily load demurrage rate pro rata shall apply to calculate same and shall serve as the only recoverable charges or damages relating to same. In return for such payment, Owners agree to release, acquit, and hold harmless Charterers from any and all claims, losses, and damages of whatsoever kind, whether physical or economic, in contract or tort, at law or in equity, suffered as a result of such occurrence, happening, or circumstances.

11.   Stevedores and Vessel Agents

     

At load port(s), Owners are to appoint and pay for stevedores and vessel agents.  At discharge port(s) Charterers/Receivers are to appoint and pay for stevedores.  Charterers/Receivers will nominate the agent(s) at the discharge port and Owners shall appoint and pay the nominated agent(s), which is not to exceed usual and customary levels.

12.  Dues, Taxes, and Customary Port Expenses

     

At load port(s), any dues and/or taxes on cargo and/or freight to be for Charterers’ account, and any dues, taxes, and/or customary port expenses/services/facility charges on the vessel are for the Owners’ account.  At the discharge port(s) – any dues and/or taxes on cargo to be for Charterers’ account, and any port dues, fees, and/or taxes on the vessel, including customary port dues, services, and facility charges to be for Owners’ account.

13.  Bills of Ladings

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”.

14.  Transmission of Sailing Notices to Charterer’s Agent

     

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, Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com.  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 Côte d’Ivoire and any ports of call in route, and loaded draft of vessel ETA Côte d’Ivoire.

15.  Transshipment is not permitted

16.   Freight Payment

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 18.  Freight payment will be made through WBSCM.  In the event Owners have not paid the carrying/interest charges if any, CCC/USDA will have the right to deduct same amount owed from the ocean freight.

17.  Vessel Substitution

Substitution of Vessel is not permitted without CNFA  and USDA prior approval.  Any proposed substitute vessel 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:  http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/cargo_humanitarian_assistance/cargo_human_assistance_reports/Humanitarian_Food_Aid_Reports.htm

18.  RightShip Requirements

Charterers and USDA reserves the right to require the offered and performing vessel to have a vetting approval from RightShip.  The vetting evaluation of the performing vessel may require a RightShip inspection. Owners must allow Rightship or their contracted inspection company to perform the required inspection at the Owner’s cost. Any vessel that fails to meet vetting approval (at least a Rightship Safety Score of three out of five) or does not allow an inspection when required, may not be considered and any substitute vessel after fixture may be subject to contract termination and owner shall be responsible for any additional costs to Charterer.

19.  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 (MARAD) 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 MARAD 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 MARAD with the vessel costs prior to submission of the offer.

(d) U.S. Flag vessels, which require approval from MARAD to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issue, 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.

20.  No Negotiations Permitted

All U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiations permitted.

21.  No Sublet or Slot-Charter Arrangement

     

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.

22.  ISM Code

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 the 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.

23.  Section 408 Compliance

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).

24.   Free from Liens and Encumbrances

Owners warrant that vessel offered is free from any liens and/or encumbrances.

25) Port Restrictions due to COVID-19/Pandemic

In the event authorities do not permit the vessel to enter the port, and/or grant Free Pratique, because of port quarantine procedures related to COVID-19 restrictions and thus causing the vessel to be detained from entering the port and discharging the cargo, such time lost shall be entirely for Vessel Owner's account and time.

Any delays or quarantine time due to determination of COVID -19 infection by any ship personnel, and/or due to contamination of the vessel, the time to remedy and disinfection of same, including vacating/re­ berthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for vessel Owner's account and time.

Any delays or quarantine time due to determination of COVID-19 infection by any Buyer's/Receiver's personnel, Buyer's/Receiver's contractor and/or due to contamination of the discharging and/or storage facilities at port of discharge, the time to remedy and disinfection of same, including vacating/reberthing costs and shifting time, if the vessel was already at/in berth/port, shall be entirely for Buyer's account and time.

26) CNFA RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS

27) Commission 

1.67 percent on the gross freight, deadfreight and demurrage is payable to Fettig & Donalty, Inc. 

28) Claims

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.

29) Further Details

All other terms and conditions as per Proforma Charter Party, available upon request.

For further information contact Fettig & Donalty, Inc. 202-628-5700 (Washington, DC)

Issued February 27, 2025