Colombia Award20-056B

IFB# 20-056B Colombia Award

February 18, 2025

AWARD NOTICE 

Partners of the Americas Inc.  Freight IFB 20-056B for 33,400 MT Bulk Wheat 

On behalf of Partners of the Americas Inc., Charterer, BKA Logistics is pleased to announce the following freight award:

Charter Party Date February 18, 2025

Owners: Liberty Grace Corporation, 

Vessel Name: MV LIBERTY GRACE.   IMO # 9228148 

Geared Bulk Carrier; U.S. Flag; Built 2001

Cargo: 33,400 Metric Tons Min/Max Wheat in Bulk in two grades as follows:

20,000 Metric Tons Min/Max Hard Red Winter (HRW) Wheat in bulk in two lots of:

3,300 MT Min/Max and 16,700 MT Min/Max.

And

13,400 Metric Tons Min/Max Northern Spring (NS) Wheat in bulk in two lots of:

5,500 MT Min/Max and 7,900 MT Min/Max.

Separation as per IFB.

Laydays: March 15-25, 2025.

Load port:  1 safe berth, 1 safe U.S. Gulf port. The intention is Houston TX (G-HOU-CAR) to be reconfirmed at the time of receiving the 14-day Pre-advice Notice of vessel ETA Load port.

Loading terms:  Scale Gross Load – details per POA IFB.

Vessel to sail directly from the last U.S. port of loading to the discharge port of Buenaventura, Colombia, as the first port of discharge, with exception of taking bunkers in route. 

Discharge port: One safe berth, One safe port Buenaventura, Colombia. 

Discharging terms: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 4,000 MT of 2204.6 pounds per weather working days of 24 consecutive hours, Saturdays PM, Sundays and holidays excluded, even if used (WWDSATPMSHEX EIU), on the basis of the Bill of Lading quantity.  Time from 1200 hrs local time Saturday (or on a day preceding holiday) through 0800 hrs local time Monday (or day after holiday) shall not count against laytime, even if used. 

Further details as per IFB.

Freight Rate: Basis total cargo of 33,400 Metric Tons the Ocean Freight Rate is: 

USD 89.01 PMT.  Ocean freight rate is basis One Safe Load port / One Safe Load berth (intention G-HOU-CAR), to One Safe berth Buenaventura, Colombia. 

Demurrage/Despatch: At load port USD 50,000.00 per day or prorata / Half Despatch

                                     At Buenaventura port USD 50,000.00 per day or prorate / HD

Otherwise as per terms and conditions of Partners of the Americas, Inc. Freight Tender 

IFB# 20-056B dated February 7, 2025, and Partners for the Americas, Inc Charter Party Proforma.

End.

IFB# 20-056B Colombia Re-Tender

February 7, 2025

Freight Re-Tender: IFB No. 20-056B / Partners of the Americas / Colombia.
Date: February 7, 2025
BKA Logistics LLC, for and on behalf of Partners of the Americas, Inc. (hereafter called POA), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of wheat in bulk, under the Food for Progress program on the following basis:
BKA Refs: F25-0001 / F25-0002 / F25-0003 / F25-0004
IFB No.: 20-056B
Sales Order No.: 5000959187
Commodity Solicitation No.: 2000010621
Freight Solicitation No.: 2000010622
Agreement No.: FCC-514-2020/002-00
 

Freight offers are due no later than 1000 hours CT (1100 hours ET) February 12, 2025.
 

Freight offers are to remain valid until 1700 hours ET February 14, 2025.
 

Only firm offers that are responsive to the terms of this IFB will be considered and no negotiations will be permitted.
 

Submission of freight offers:
All carriers are required to submit offers electronically, by the due date and time, for the cargoes advertised by this IFB via the U.S. Department of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the Invitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Invitation(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 E authentication 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
All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.
For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, one safe berth Buenaventura, Colombia.
Freight payment: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:
BKA Logistics LLC – Email: mark.millard@bkalogistics.net or rsingh@bkalogistics.net
1) Cargo: Up to 35,200 MT Wheat in Bulk in two grades as follows:
Up to 20,900 Metric Tons Hard Red Winter (HRW) Wheat in bulk in two lots of:
BKA# F25-0001: 3,300 MT HRW Wheat in bulk for Receiver Organizacion MAS SAS
BKA# F25-0002: 17,600 MT HRW Wheat in bulk for Receiver Harinera del Valle SA
And
Up to 14,300 Metric Tons Hard Red Spring Wheat (Northern Spring / Dark Northern Spring) in two lots of:
BKA# F25-0003: 5,500 MT HRS Wheat in bulk for Receiver Organizacion MAS SAS
BKA# F25-0004: 8,800 MT HRS Wheat in bulk for Receiver Harinera del Valle SA
The two lots of HRW Wheat may be commingled provided they are loaded by same supplier, same load terminal, and under same Purchase Order.
The two lots of HRS Wheat may be commingled provided they are loaded by same supplier, same load terminal, and under same Purchase Order.
Offerors should consider offering vessels to carry a range of tonnages up to the quantities stated above in the event that quantity purchased is less than the quantity stated. Contracted quantities will be on min/max basis.
If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to POA’s cargo, and must be detailed in offer or approved by POA/USDA if contracted after fixture of POA cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by POA/USDA in approval of such part cargo(es) in order not to unduly impede delivery of POA’s cargo to discharge port(s).
Any such completion cargoes, even if same grade and quality of POA cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation for wheat only. Separation, if any, shall be at owner’s time, risk and expense. 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), all at Owner’s time, risk and expense.
POA cargoes to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).
2) Laydays: March 15-25, 2025. Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.
3) Vessel Preadvice Notice: Owners to provide Fourteen (14) day preadvice of vessel readiness to load. Preadvice notice must be received at the office of BKA Logistics LLC. Prior to 1100 hours Washington DC time on regular business day to be
considered received on that day. If preadvice is received later than 1100 hours Washington DC time on regular business day –or- on weekends / holidays then preadvice notice will be considered received on the next business day. In addition to sending preadvice notice to BKA, as above, owner must also provide copy of their preadvice notice to USDA / KCCO Bulk Commodities Division, Email: Email:
carol.buchanan@usda.gov and justin.martinek@usda.gov.
4) Load Port: 1 to 2 safe berths each 1 to 2 safe port(s) any U.S. range. 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.
5) Discharge Port: one safe berth, one safe port Buenaventura, Colombia. Both the Charterer’s Receiver advise, they intend to discharge both grades of wheat at the same discharge berth. Charterer/ Receiver will declare discharge berth/terminal two (2) days prior to vessel arrival at the port of Buenaventura. As guidance only Charterer advises draft restrictions as 10.5 Meters Brackish Water. Owners must verify any vessel restrictions at said terminals and contracted vessel to comply by same.
6) Lighterage: Owners are responsible for vessel arriving at the discharge port within allowable draft. Lightening is permitted. 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 Clause 8 below) 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 Clause 8 below) and laytime shall commence at 0800 hours on next business day and prior time used is not to count as laytime used.
7) Load Terms: Cargo to be loaded according to berth terms with customary despatch at the average rate as provided below based on vessels contracted quantity. The rates are basis tons of 2204.6 pounds per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU). Any Stowing and/or trimming to be for Owner’s account.
Bulk carriers:
Vessel contracted Quantity Loading guarantee
0 – 9,999.99 MT 4,000 MT per day
10,000.00 – 19,999.99 MT 5,000 MT per day
20,000.00 – 29,999.99 MT 6,000 MT per day
30,000.00 – 39,999.99 MT 7,500 MT per day
40,000.00 – 49,999.99 MT 10,000 MT per day
50,000.00 MT and above 12,000 MT per day
Tween-deckers: the load guarantee shall be 3,000 MT per day.
No load guarantee for Lash / Seabee barges.
Prior to tendering the notice of readiness the vessel must pass USDA FGIS stowage examination inspection and NCB Load Readiness inspection. Charterer requires and owner to provide the original USDA FGIS Vessel Stowage Examination certificate and NCB load readiness certificate and not worksheets.
NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC). Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.
Further Charterer/ Receiver will require samples of grain to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.
The bulk cargo shall not be loaded into deeptanks, bunker and bridge spaces, wing spaces or ends of tweendecks or other intervening spaces where cargo cannot bleed into centerholds where cargo is directly accessible to grab discharge. Any time used for discharge the cargo from such places shall not count as laytime or time on demurrage.
8) Discharging Terms: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 4,000 MT of 2204.6 pounds for bulk carriers, including ITB/ATB bulk carriers, and 1,500 MT of 2204.6 pounds for Tween/Multi-deckers per weather working days of 24 consecutive hours, Saturdays PM, Sundays and holidays excluded, even if used (WWDSATPMSHEX EIU), on the basis of the Bill of Lading quantity. Time from 1200 hrs local time Saturday (or on a day preceding holiday) through 0800 hrs local time Monday (or day after 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.
Notice of Readiness to Discharge:
Notification of vessel’s readiness (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 Sundays and Holidays), and within the period of 0900 hours to 1200 hours on Saturdays, whether vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not (WIFPON); whether vessel is in port or not (WIPON); whether 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. Laytime to commence at 0800 hours on the next working day after the NOR has been tendered.
Waiting Time at Discharge Port:
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 Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier.
Shifting:
Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s account, and time not to count as laytime.
All other time and expenses used in the Vessel shifting, including shifting expenses, from one anchorage or berth or place of cargo operations to another are for the Buyer’s/Receiver’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. If a second terminal and/or berth is used for discharge, the Buyer/Receiver is responsible for all costs and shifting between terminals and any additional berth costs beyond one safe berth are to be handled directly between the Buyer/Receiver and the Port Terminal.
Hatch Opening/Closing:
Opening and closing of hatches to be carried out by vessel’s crew free of charge to charterers and time not to count as laytime or time on demurrage. Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches are required.
Time lost whilst hatches are closed due weather conditions, even if due to the threat of bad weather, said time shall not count as laytime used or time on demurrage.
High Swell:
High Swells occurring during discharge operations are deemed to be adverse weather conditions and therefore interruption of discharge operations caused by high swells, under terms of weather working day, shall not count as laytime used. Determination of High Swells shall be by the Port Authority. Time of High Swells that prevent safe discharge must be duly noted in the official Statement of Facts and signed by all relevant authorities.
9) Laytime is non-reversible.
10) Stevedores: At load port owner to appoint and pay for stevedores. At discharge port charterer /receivers to appoint and pay for stevedores.
11) Vessel Agents: At load port owner to appoint and pay for vessel’s agent.
Charterer/receiver shall nominate the vessel’s agent at the discharge port, whom owner will appoint and pay.
12) Bills of Ladings: The ocean carrier shall release set(s) of clean on board ocean Bills of Lading, to Charterer's freight forwarder promptly upon completion of loading of each commodity supplier's cargo. Said Bills of Lading to be sent by courier to Charterer’s freight forwarder at owner’s expense. The total tonnage loaded may be split in multiple sets of Bills of Lading consigned to different receivers. Said Bills of Ladings shall be marked “Freight Payable as per Governing Charter Party” and may also be required to be “to Order”.
The commodities will be loaded and shipped in bulk with the quantity determined by the Official Grain Weight Certificate issued by USDA/FGIS or USDA approved Surveyor, on completion of loading. Bill of Lading quantities and freight charges will be based upon the Official Grain Weight Certificate(s) figures. Claims or demands for freight amounts that exceed the aforementioned Bill of Lading weights will not be considered.
Upon Vessel's arrival at discharge port(s) delivery will be allowed by the Owner's local Agent against Charterer's or Charterer’s nominated Buyers’/Receivers’ letter(s) of indemnity in lieu of the original Bill of Lading, if same is not received in time.
13) Demurrage / Despatch: are applicable at load and discharge ports. Owners are to specify their demurrage/dispatch rates in their offer, despatch rates must be one-half of demurrage rates as quoted.
Detention Charges if Claimed:
In the event of any occurrence, happening or circumstances giving rise to a claim by Owners for detention or deviation, the charter’s daily load port 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.
14) Load Port Laytime: At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive (hereinafter referred to as NAEGA) regardless of vessel type. Further, the following modifications to NAEGA will apply: anywhere the word “buyer” appears, the words “vessel owner” is to be substituted. Under no circumstance shall charterers or USDA/CCC be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between the vessel owner and commodity
supplier. Any/all disputes between vessel owner and supplier arising out of the contract relating to the settlement of laytime issues shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.
15) Discharge Port Laytime: At discharge port, laytime calculation and settlement of demurrage and despatch will be directly between Buyers/Receivers and Vessel Owner. Neither Charterer (POA) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch. In event of despatch earned Owner’s to pay the agreed upon despatch directly to the Receiver against Receivers’ invoice or at Receivers’ option Owner’s Credit Note. Any disputes in settlement of laytime issues between Buyer/Receiver 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.
16) Vessel type restrictions: Towed barges will not be considered. Tankers will not be considered. US Flag Bulk Carriers including ITB/ ATB, Tween/Multi deckers and for Non- US Flag vessels only Bulk Carriers will be considered. All performing vessels must meet the port /terminal restrictions on Vessel LOA, Beam, and arrival draft. Otherwise, the lightening clause of this tender takes effect.
17) Vessel Age and Additional Requirements:
Foreign flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern. Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for owners 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 to produce quotes and vouchers to evidence that such coverage penalty has been incurred. NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments. For US flag vessels over 15 years of age and ATBs / ITBs, 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: Should offered vessel be enrolled in an insurance program that negates the overage premium requirement, offer to include all information and certifications for verification.
18) Vessel Gear Requirements: Geared Bulk Carriers are required, U.S. Flag gearless vessels will be considered provided owner provides appropriate shore gear to discharge the cargo at the Charter Party agreed discharge rate.
The shore gear provided by owner must meet all requirements of the Receivers and the discharge port authorities.
Any time lost as a result of breakdown of Owner provided gear and or discharge equipment (including vacuvators) to be excluded from laytime used.
19) Dues and Taxes: At the Load Port -Any dues and/or taxes on cargo and/or freight to be for Charterers' account, and any dues and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.
At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account, and any port dues, fees and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.
20) Fumigation: Vessel will be fumigated with an Aluminum Phosphide preparation
in-transit, in accordance with USDA/FGIS Handbook revised July 10, 2020 and any
subsequent revisions to said handbook. At final loading port, commodity supplier
will arrange and pay for in-transit fumigation performed by a certified applicator.
Fumigation will 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/multi-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.
USDA FAS Notice to the Trade “Bulk Vessel Fumigation with Phosphine”, dated February 3, 2023, and USAID Notice to the Trade “Bulk/Breakbulk Vessel Fumigation with Phosphine-Revised”, dated February 1, 2024, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo.
The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s/Receiver’s time, risk, and expense and time used to count as laytime.
At the discharge port and upon inspection by government inspectors, if cargo and/or vessel is found to be infested and provided clean bill(s) of lading were issued, said fumigation costs are for owner's (vessel's) risk and expense and the time used shall not count as laytime or time on demurrage.
21) Named Vessels Only / Substitution: Offers of only named vessels will be considered. No vessel substitution is permitted without Partners of the Americas / USDA approval.
RightShip Requirements:
Charterer and/or 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.
22) ISM Code: Owner warrants, represents and undertakes that the Vessel complies fully with all the requirements of the International Safety Management (ISM) code and the International Code for the Security of Ships and of port facilities and the relevant amendments to Chapter XI of Solas and all amendments from time to time in force (ISPS Code) and where the Load Port or Discharge Port is within the USA and US territories or waters, with the US Maritime Transportation Security Act 2002 (MTSA). Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).
Notwithstanding any prior acceptance of the Vessels by Charterer, if at any time prior to or during the vessels stay at the Discharge Port the vessel is found not to be compliant with the ISPS Code or the MTSA or ceases to be so, Charterer/ Receiver shall have the right not to berth such nominated vessel and any and all damages/costs/expenses including, but not limited to, demurrage, carrying charges, levies or taxes shall be for the account of the Owner. Owner shall, accordingly, be obliged to substitute such nominated vessel with a vessel complying with the requirements of the ISPS Code or the MTSA.
Charterer/ Receiver hereby warrants that, inter alia, Discharge Port / facility is fully ISPS Code and MTSA compliant having a port Facility Security Plan (PFSC). Upon request, Charterer/ Receiver to provide written proof thereof prior to discharge. Any and all damages/costs/expenses incurred by the Vessel including, but not limited to, demurrage, damages for detention or otherwise, along with any additional charge, fee or duty levied on the Vessel at the Discharge Port resulting directly from the failure of the discharging port/terminal/installation to comply with the ISPS code or the MTSA will be for the Receiver’s account.
23) Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 USC, Paragraph 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 government impelled (preference) cargo, offeror must warrant that vessel(s) and operator/owner are not disqualified to carry such cargo(es).
24) Provisions for U.S. Flag Vessels: One-way rates must be quoted in addition to round trip rates for U.S. flag non-liner vessels whose date of original construction exceeds 15 years from date of fixture.
Further:
a) Approved U.S. flag rates will be reduced to a level no higher than the Maritime Administrations fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel to the U.S. government (including tug and/or barge).
b) For U.S. flag vessels loading less than a full cargo, the less than full cargo rate will be subject to a 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.
(f) U.S. flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessels costs prior to submission of offer.
25) Offerors are required to provide the following information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft / gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in class at time of the offer and during the voyage.
26) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to one discharging berth, one discharging port, plus additional freight (if any) per metric ton on entire cargo for each additional load berth, load port if used.
All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.
For evaluation offerors to enter Ocean Transport charges basis Free Out One Safe Berth Buenaventura, Columbia.
If owners intend to lighten, offer to specify the cost of lightening, and whether action is full or partial lightening. If lightening is not performed at the discharge port and the
Vessel discharges at berth then the cost of lightening will be deducted from the ocean freight.
27) COVID: 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 receiver’s personnel, receiver’s contractor and/or due to contamination of the discharging and/or storage facilities at port BUENAVENTURA, 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/receiver’s account and time.
28) Partners of the Americas reserves the right to accept or reject all offers.
29) Commission: 1.67 percent on gross freight /deadfreight / demurrage is payable to BKA Logistics LLC.
30) Further Details: Otherwise subject to terms and conditions in accordance with this IFB and Partners of the Americas Inc. Charter Party Proforma.
31) Submission of Offers: Offers to be submitted electronically through the WBSCM no later than 1000 hours CT USA on February 12, 2025. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hrs. Washington DC time February 14, 2025. Fixtures resulting from this tender are subject to approval by Partners of the Americas Inc and USDA.
For further information regarding this specific tender contact:
BKA Logistics LLC, 1629 K Street NW, suite 500, Washington DC 20006.
Phone: 202-331-7395
Email: mark.millard@bkalogistics.net / Email: rsingh@bkalogistics.net.
End.

IFB# 20-056B Colombia Tender

January 17, 2025

Freight Tender: IFB No. 20-056B / Partners of the Americas / Colombia.
Date: January 17, 2025
BKA Logistics LLC, for and on behalf of Partners of the Americas, Inc. (hereafter called POA), requests firm offers of U.S. and non-U.S. flag vessels for the carriage of wheat in bulk, under the Food for Progress program on the following basis:
BKA Refs: F25-0001 / F25-0002 / F25-0003 / F25-0004
IFB No.: 20-056B
Sales Order No.: 5000959187
Commodity Solicitation No.: 20000010586
Freight Solicitation No.: 20000010587
Agreement No.: FCC-514-2020/002-00
Freight offers are due no later than 1000 hours CT (1100 hours ET) January 22, 2025.
Freight offers are to remain valid until 1700 hours ET January 24, 2025.
Only firm offers that are responsive to the terms of this IFB will be considered and no negotiations will be permitted.
Submission of freight offers:
All carriers are required to submit offers electronically, by the due date and time, for the cargoes advertised by this IFB via the U.S. Department of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the Invitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Invitation(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 E authentication 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
All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.
For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, one safe berth Buenaventura, Colombia.
Freight payment: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:
BKA Logistics LLC – Email: mark.millard@bkalogistics.net or rsingh@bkalogistics.net
1) Cargo: Up to 35,200 MT Wheat in Bulk in two grades as follows:
Up to 20,900 Metric Tons Hard Red Winter (HRW) Wheat in bulk in two lots of:
BKA# F25-0001: 3,300 MT HRW Wheat in bulk for Receiver Organizacion MAS SAS
BKA# F25-0002: 17,600 MT HRW Wheat in bulk for Receiver Harinera del Valle SA
And
Up to 14,300 Metric Tons Hard Red Spring Wheat (Northern Spring / Dark Northern Spring) in two lots of:
BKA# F25-0003: 5,500 MT HRS Wheat in bulk for Receiver Organizacion MAS SAS
BKA# F25-0004: 8,800 MT HRS Wheat in bulk for Receiver Harinera del Valle SA
The two lots of HRW Wheat may be commingled provided they are loaded by same supplier, same load terminal, and under same Purchase Order.
The two lots of HRS Wheat may be commingled provided they are loaded by same supplier, same load terminal, and under same Purchase Order.
Offerors should consider offering vessels to carry a range of tonnages up to the quantities stated above in the event that quantity purchased is less than the quantity stated. Contracted quantities will be on min/max basis.
If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to POA’s cargo, and must be detailed in offer or approved by POA/USDA if contracted after fixture of POA cargo. Vessel’s itinerary and geographic proximity of completion cargo(es) will be taken into consideration by POA/USDA in approval of such part cargo(es) in order not to unduly impede delivery of POA’s cargo to discharge port(s).
Any such completion cargoes, even if same grade and quality of POA cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation for wheat only. Separation, if any, shall be at owner’s time, risk and expense. 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), all at Owner’s time, risk and expense.
POA cargoes to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).
2) Laydays: March 15-25, 2025. Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.
3) Vessel Preadvice Notice: Owners to provide Fourteen (14) day preadvice of vessel readiness to load. Preadvice notice must be received at the office of BKA Logistics LLC. Prior to 1100 hours Washington DC time on regular business day to be
considered received on that day. If preadvice is received later than 1100 hours Washington DC time on regular business day –or- on weekends / holidays then preadvice notice will be considered received on the next business day. In addition to sending preadvice notice to BKA, as above, owner must also provide copy of their preadvice notice to USDA / KCCO Bulk Commodities Division, Email: Email:
carol.buchanan@usda.gov and justin.martinek@usda.gov.
4) Load Port: 1 to 2 safe berths each 1 to 2 safe port(s) any U.S. range. 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.
5) Discharge Port: one safe berth, one safe port Buenaventura, Colombia. Both the Charterer’s Receiver advise, they intend to discharge both grades of wheat at the same discharge berth. Charterer/ Receiver will declare discharge berth/terminal two (2) days prior to vessel arrival at the port of Buenaventura. As guidance only Charterer advises draft restrictions as 10.5 Meters Brackish Water. Owners must verify any vessel restrictions at said terminals and contracted vessel to comply by same.
6) Lighterage: Owners are responsible for vessel arriving at the discharge port within allowable draft. Lightening is permitted. 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 Clause 8 below) 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 Clause 8 below) and laytime shall commence at 0800 hours on next business day and prior time used is not to count as laytime used.
7) Load Terms: Cargo to be loaded according to berth terms with customary despatch at the average rate as provided below based on vessels contracted quantity. The rates are basis tons of 2204.6 pounds per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU). Any Stowing and/or trimming to be for Owner’s account.
Bulk carriers:
Vessel contracted Quantity Loading guarantee
0 – 9,999.99 MT 4,000 MT per day
10,000.00 – 19,999.99 MT 5,000 MT per day
20,000.00 – 29,999.99 MT 6,000 MT per day
30,000.00 – 39,999.99 MT 7,500 MT per day
40,000.00 – 49,999.99 MT 10,000 MT per day
50,000.00 MT and above 12,000 MT per day
Tween-deckers: the load guarantee shall be 3,000 MT per day.
No load guarantee for Lash / Seabee barges.
Prior to tendering the notice of readiness the vessel must pass USDA FGIS stowage examination inspection and NCB Load Readiness inspection. Charterer requires and owner to provide the original USDA FGIS Vessel Stowage Examination certificate and NCB load readiness certificate and not worksheets.
NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC). Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.
Further Charterer/ Receiver will require samples of grain to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.
The bulk cargo shall not be loaded into deeptanks, bunker and bridge spaces, wing spaces or ends of tweendecks or other intervening spaces where cargo cannot bleed into centerholds where cargo is directly accessible to grab discharge. Any time used for discharge the cargo from such places shall not count as laytime or time on demurrage.
8) Discharging Terms: Cargo to be discharged, free of risk and expense to the vessel (Free Out discharge), at the average rate of 4,000 MT of 2204.6 pounds for bulk carriers, including ITB/ATB bulk carriers, and 1,500 MT of 2204.6 pounds for Tween/Multi-deckers per weather working days of 24 consecutive hours, Saturdays PM, Sundays and holidays excluded, even if used (WWDSATPMSHEX EIU), on the basis of the Bill of Lading quantity. Time from 1200 hrs local time Saturday (or on a day preceding holiday) through 0800 hrs local time Monday (or day after 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.
Notice of Readiness to Discharge:
Notification of vessel’s readiness (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 Sundays and Holidays), and within the period of 0900 hours to 1200 hours on Saturdays, whether vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not (WIFPON); whether vessel is in port or not (WIPON); whether 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. Laytime to commence at 0800 hours on the next working day after the NOR has been tendered.
Waiting Time at Discharge Port:
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 Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier.
Shifting:
Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s account, and time not to count as laytime.
All other time and expenses used in the Vessel shifting, including shifting expenses, from one anchorage or berth or place of cargo operations to another are for the Buyer’s/Receiver’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. If a second terminal and/or berth is used for discharge, the Buyer/Receiver is responsible for all costs and shifting between terminals and any additional berth costs beyond one safe berth are to be handled directly between the Buyer/Receiver and the Port Terminal.
Hatch Opening/Closing:
Opening and closing of hatches to be carried out by vessel’s crew free of charge to charterers and time not to count as laytime or time on demurrage. Mechanical or hydraulic hatch covers for vessels or rain tents for all hatches are required.
Time lost whilst hatches are closed due weather conditions, even if due to the threat of bad weather, said time shall not count as laytime used or time on demurrage.
High Swell:
High Swells occurring during discharge operations are deemed to be adverse weather conditions and therefore interruption of discharge operations caused by high swells, under terms of weather working day, shall not count as laytime used. Determination of High Swells shall be by the Port Authority. Time of High Swells that prevent safe discharge must be duly noted in the official Statement of Facts and signed by all relevant authorities.
9) Laytime is non-reversible.
10) Stevedores: At load port owner to appoint and pay for stevedores. At discharge port charterer /receivers to appoint and pay for stevedores.
11) Vessel Agents: At load port owner to appoint and pay for vessel’s agent.
Charterer/receiver shall nominate the vessel’s agent at the discharge port, whom owner will appoint and pay.
12) Bills of Ladings: The ocean carrier shall release set(s) of clean on board ocean Bills of Lading, to Charterer's freight forwarder promptly upon completion of loading of each commodity supplier's cargo. Said Bills of Lading to be sent by courier to Charterer’s freight forwarder at owner’s expense. The total tonnage loaded may be split in multiple sets of Bills of Lading consigned to different receivers. Said Bills of Ladings shall be marked “Freight Payable as per Governing Charter Party” and may also be required to be “to Order”.
The commodities will be loaded and shipped in bulk with the quantity determined by the Official Grain Weight Certificate issued by USDA/FGIS or USDA approved Surveyor, on completion of loading. Bill of Lading quantities and freight charges will be based upon the Official Grain Weight Certificate(s) figures. Claims or demands for freight amounts that exceed the aforementioned Bill of Lading weights will not be considered.
Upon Vessel's arrival at discharge port(s) delivery will be allowed by the Owner's local Agent against Charterer's or Charterer’s nominated Buyers’/Receivers’ letter(s) of indemnity in lieu of the original Bill of Lading, if same is not received in time.
13) Demurrage / Despatch: are applicable at load and discharge ports. Owners are to specify their demurrage/dispatch rates in their offer, despatch rates must be one-half of demurrage rates as quoted.
Detention Charges if Claimed:
In the event of any occurrence, happening or circumstances giving rise to a claim by Owners for detention or deviation, the charter’s daily load port 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.
14) Load Port Laytime: At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive (hereinafter referred to as NAEGA) regardless of vessel type. Further, the following modifications to NAEGA will apply: anywhere the word “buyer” appears, the words “vessel owner” is to be substituted. Under no circumstance shall charterers or USDA/CCC be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between the vessel owner and commodity
supplier. Any/all disputes between vessel owner and supplier arising out of the contract relating to the settlement of laytime issues shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.
15) Discharge Port Laytime: At discharge port, laytime calculation and settlement of demurrage and despatch will be directly between Buyers/Receivers and Vessel Owner. Neither Charterer (POA) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage / despatch. In event of despatch earned Owner’s to pay the agreed upon despatch directly to the Receiver against Receivers’ invoice or at Receivers’ option Owner’s Credit Note. Any disputes in settlement of laytime issues between Buyer/Receiver 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.
16) Vessel type restrictions: Towed barges will not be considered. Tankers will not be considered. US Flag Bulk Carriers including ITB/ ATB, Tween/Multi deckers and for Non- US Flag vessels only Bulk Carriers will be considered. All performing vessels must meet the port /terminal restrictions on Vessel LOA, Beam, and arrival draft. Otherwise, the lightening clause of this tender takes effect.
17) Vessel Age and Additional Requirements:
Foreign flag vessels must not be older than 15 years and must be classed highest in Lloyd’s register or its equivalent – date of original construction, not rebuilt date, to govern. Any extra insurance on account of vessel’s age, flag, ownership, type, configuration or classification will be for owners 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 to produce quotes and vouchers to evidence that such coverage penalty has been incurred. NVOCC’s may not be employed to carry U.S. flag or foreign flag shipments. For US flag vessels over 15 years of age and ATBs / ITBs, 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: Should offered vessel be enrolled in an insurance program that negates the overage premium requirement, offer to include all information and certifications for verification.
18) Vessel Gear Requirements: Geared Bulk Carriers are required, U.S. Flag gearless vessels will be considered provided owner provides appropriate shore gear to discharge the cargo at the Charter Party agreed discharge rate.
The shore gear provided by owner must meet all requirements of the Receivers and the discharge port authorities.
Any time lost as a result of breakdown of Owner provided gear and or discharge equipment (including vacuvators) to be excluded from laytime used.
19) Dues and Taxes: At the Load Port -Any dues and/or taxes on cargo and/or freight to be for Charterers' account, and any dues and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.
At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account, and any port dues, fees and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.
20) Fumigation: Vessel will be fumigated with an Aluminum Phosphide preparation
in-transit, in accordance with USDA/FGIS Handbook revised July 10, 2020 and any
subsequent revisions to said handbook. At final loading port, commodity supplier
will arrange and pay for in-transit fumigation performed by a certified applicator.
Fumigation will 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/multi-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.
USDA FAS Notice to the Trade “Bulk Vessel Fumigation with Phosphine”, dated February 3, 2023, and USAID Notice to the Trade “Bulk/Breakbulk Vessel Fumigation with Phosphine-Revised”, dated February 1, 2024, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo.
The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s/Receiver’s time, risk, and expense and time used to count as laytime.
At the discharge port and upon inspection by government inspectors, if cargo and/or vessel is found to be infested and provided clean bill(s) of lading were issued, said fumigation costs are for owner's (vessel's) risk and expense and the time used shall not count as laytime or time on demurrage.
21) Named Vessels Only / Substitution: Offers of only named vessels will be considered. No vessel substitution is permitted without Partners of the Americas / USDA approval.
RightShip Requirements:
Charterer and/or 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.
22) ISM Code: Owner warrants, represents and undertakes that the Vessel complies fully with all the requirements of the International Safety Management (ISM) code and the International Code for the Security of Ships and of port facilities and the relevant amendments to Chapter XI of Solas and all amendments from time to time in force (ISPS Code) and where the Load Port or Discharge Port is within the USA and US territories or waters, with the US Maritime Transportation Security Act 2002 (MTSA). Upon request, Owner shall, inter alia, provide the relevant International Ship Security Certificate (ISSC).
Notwithstanding any prior acceptance of the Vessels by Charterer, if at any time prior to or during the vessels stay at the Discharge Port the vessel is found not to be compliant with the ISPS Code or the MTSA or ceases to be so, Charterer/ Receiver shall have the right not to berth such nominated vessel and any and all damages/costs/expenses including, but not limited to, demurrage, carrying charges, levies or taxes shall be for the account of the Owner. Owner shall, accordingly, be obliged to substitute such nominated vessel with a vessel complying with the requirements of the ISPS Code or the MTSA.
Charterer/ Receiver hereby warrants that, inter alia, Discharge Port / facility is fully ISPS Code and MTSA compliant having a port Facility Security Plan (PFSC). Upon request, Charterer/ Receiver to provide written proof thereof prior to discharge. Any and all damages/costs/expenses incurred by the Vessel including, but not limited to, demurrage, damages for detention or otherwise, along with any additional charge, fee or duty levied on the Vessel at the Discharge Port resulting directly from the failure of the discharging port/terminal/installation to comply with the ISPS code or the MTSA will be for the Receiver’s account.
23) Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 USC, Paragraph 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 government impelled (preference) cargo, offeror must warrant that vessel(s) and operator/owner are not disqualified to carry such cargo(es).
24) Provisions for U.S. Flag Vessels: One-way rates must be quoted in addition to round trip rates for U.S. flag non-liner vessels whose date of original construction exceeds 15 years from date of fixture.
Further:
a) Approved U.S. flag rates will be reduced to a level no higher than the Maritime Administrations fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel to the U.S. government (including tug and/or barge).
b) For U.S. flag vessels loading less than a full cargo, the less than full cargo rate will be subject to a 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.
(f) U.S. flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessels costs prior to submission of offer.
25) Offerors are required to provide the following information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft / gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in class at time of the offer and during the voyage.
26) Freight rates are to be quoted in U.S. Dollars per metric ton basis one loading berth, one loading port to one discharging berth, one discharging port, plus additional freight (if any) per metric ton on entire cargo for each additional load berth, load port if used.
All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.
For evaluation offerors to enter Ocean Transport charges basis Free Out One Safe Berth Buenaventura, Columbia.
If owners intend to lighten, offer to specify the cost of lightening, and whether action is full or partial lightening. If lightening is not performed at the discharge port and the
Vessel discharges at berth then the cost of lightening will be deducted from the ocean freight.
27) COVID: 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 receiver’s personnel, receiver’s contractor and/or due to contamination of the discharging and/or storage facilities at port BUENAVENTURA, 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/receiver’s account and time.
28) Partners of the Americas reserves the right to accept or reject all offers.
29) Commission: 1.67 percent on gross freight /deadfreight / demurrage is payable to BKA Logistics LLC.
30) Further Details: Otherwise subject to terms and conditions in accordance with this IFB and Partners of the Americas Inc. Charter Party Proforma.
31) Submission of Offers: Offers to be submitted electronically through the WBSCM no later than 1000 hours CT USA on January 22, 2025. Only offers which are responsive to this IFB will be considered and no negotiation is permitted. Only firm offers will be considered. Offers are to remain valid until 1700 hrs. Washington DC time January 24, 2025. Fixtures resulting from this tender are subject to approval by Partners of the Americas Inc and USDA.
For further information regarding this specific tender contact:
BKA Logistics LLC, 1629 K Street NW, suite 500, Washington DC 20006.
Phone: 202-331-7395
Email: mark.millard@bkalogistics.net / Email: rsingh@bkalogistics.net.
End.