Uganda Award20-057B

20-057B Uganda Award

March 27, 2025

20-057B Uganda Partial Retender Amendment

March 19, 2025

Amendment

Freight Tender (Partial Retender)

Program:  Food for Progress 

Country:  Madagascar and Uganda 

Tender Date:  March 18, 2025

Amendment Date:  March 19, 2025

IFB Number:  20-057B (Uganda) & 24-009B (Madagascar)

Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on behalf of Catholic Relief Services (CRS), amends the subject freight tender (partial retender), for up to 11,120 MT Hard Red Winter Wheat for discharge at Dar es Salaam as follows:

(AA)  The following paragraph is added:

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

(BB)  The following paragraph is deleted:

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above.  All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein. 

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER AMENDMENT

20-057B Uganda Partial Retender

March 19, 2025

Freight Tender 

Program:  Food for Progress 

Country:  Madagascar and Uganda 

Date:  March 18, 2025

IFB Number:  20-057B (Uganda) & 24-009B (Madagascar)

This is a partial re-tender of cargoes previously tendered February 27, 2025 and is being done outside of WBSCM.  See below for instructions for submission of offers.

Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on behalf of Catholic Relief Services (CRS), announces the following freight tender and requests offers of U.S. and non-U.S. flag geared vessels for the carriage of commodities under the Food for Progress program.

*** N.B.  The requirements of the following Notices to the Trade are fully incorporated into this solicitation and will be included in any contract(s) awarded against this tender:

FAS Notices as posted at https://www.fas.usda.gov/ocean-freight-tenders

Cargo:  Bulk Grain, Up to 11,120 MT Hard Red Winter Wheat **

Laycan April 15-25, 2025 

Loading:  Andersons Inc. elevator Houston (G-HOUS-LTG)

Discharging:  Dar es Salaam Discharge 

** Offers are encouraged in combination with similar partial retenders currently on the market for CNFA, LWR and TNS, also for Dar es Salaam.  Offerers should consider offering up to 5,000 MT (out of the 52,000 MT) in the March 20-30, 2025 Laydays at same load facility of Andersons LTG Houston.  At Charterer’s option up to 5,000 MT of the combined quantity being retendered will be considered for loading in the March 20-30 position if valid offers are received. Intended breakdown of the 5,000 mt option, subject to change, is 1670 mt for CNFA, 1770 mt for LWR , 1070 mt for CRS and 490 mt for TNS.

- Fixture(s) to be made Min/Max basis 

Loading:  1-2SB, 1-2SP, All USA Port Ranges

Discharging:  1SB Each 1-2SP Dar es Salaam, Tanzania

Load Terms:   Scale Gross Load (see below)

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

Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender. Contracted quantity will be on Min/Max basis.

COMMINGLING RESTRICTIONS

Wheat for Dar es Salaam may not be commingled with wheat for any other destination.  The CRS HRW covered by this freight tender may be commingled with wheat of the same grade and specifications if from the same supplier and loading from the same terminal and being discharged at the same port, but such commingling also subject to approval by all other parties. Otherwise, CRS HRW must be fully segregated from any other cargoes carried by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick plywood dunnage boards with drilled holes in order to accept fumigation.  If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account.  Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.

Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality.  Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of cargoes covered by this IFB.  Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

SUBMISSION OF FREIGHT OFFERS:

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above.  All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein. 

Freight offers are due no later than 11:00 a.m. U.S. Eastern Time on March 20, 2025.  All offers must remain valid through close of business U.S. Eastern time March 21, 2025.  Offers are to be submitted to USDA/FAS via email to 2-TL@usda.gov with cargo@mullershipping.com in copy.  No phone offers or offers via e-mail will be accepted.

Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday.  Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.

There have been significant changes to the Cargo Preference legislation.  Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.

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

Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load for loading in the April 15-25, 2025 position.  Pre-advice notice must be received at office of Muller Shipping Corp. prior to 1100 New York time on a regular business day to be considered received on that day. If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.

Terms/Conditions:

1.  Vessel Restrictions:

- Non-U.S. flag vessels must be geared single-deck bulk grain carriers only and must not be older than fifteen (15) years.  Year of original construction, not rebuilt date, to govern. U.S. flag vessels may be non-geared and/or Tween/Multideckers, but cargo to always be directly accessible by vessel cranes/grabs.  Towed barges and Tankers are not acceptable.  All vessel(s) to be classed highest Lloyds or equivalent.

- All vessels 15 years and older and all ocean-going barges must have all openings to cargo spaces and hatches' covers tightly sealed with tape or by other means to assure watertight integrity.  The sealing shall be done to the satisfaction of attending NCB surveyor as attested by a special survey.  Cost of sealing hatch covers/openings to cargo spaces as well as special survey fees shall be for vessel owner's account.  Special survey certificate shall in no way affect owner's liability and responsibilities toward the cargo.

- Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account.  Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.

- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and ends of tweendecks or other spaces which are not bleedable or directly accessible to grab discharge. Time used for discharging from such places shall not count as Laytime or time on demurrage.

2.  Only clean offers of named vessels with full particulars will be considered.  Offerors are encouraged to include the following information:   Name of vessel and flag, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.

Vessel's itinerary from day of offer to first or sole discharge port under this tender is to be submitted with offer and be incorporated into the CP.

3.  Vessel Gear Requirements: 

In case U.S. flag vessels are 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 owner shall hire at vessel owner’s 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 shore crane(s) not being immediately available upon vessels arrival at the discharge port and/or the initial setup of the shore crane(s) and/or breakdown or maintenance of the shore carne(s) does count as laytime or time on demurrage.

Tween/Multi Deck vessels need to have fully retractable decks, failing which any costs and consequences for damages to the vessel and port equipment to be for the vessel owner’s account.

Non-US Flag vessels to be geared, equipped with own cranes with minimum capacity of 25 MT SWL covering each workable hatch where cargo is stowed to be discharged and permit discharging with 8 cubic meter shore grabs into shore hoppers. Any time lost on account of the vessel’s crane(s) breaking down or requiring maintenance shall not count as laytime or time on demurrage.

Such discharge equipment shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.

- Opening and closing of hatches at loading ports shall be performed by the Vessel's crew at the Owners' expense.  If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.

4.  Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight for additional load ports or berths and/or discharge ports, if used.  Freight rate quotations must provide breakdown of rates (as applicable) for: a) Ocean transportation; b) Cost of lightening.

5.  Vessels must be able to be fumigated in accordance with the recent USDA and USAID Notices to the Trade regarding Bulk Vessel Fumigation with Phosphine.  Vessel Master and relevant crew members must therefore be familiar and comply with these requirements.  Vessels must be able to be fumigated in accordance with FGIS requirements for in-transit fumigation and vessels that cannot be so fumigated will not be considered. At final loading port, Commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook dated July 10, 2020, and any revisions thereto.  Fumigation shall be witnessed by FGIS, USDA, and the aluminum phosphide preparation shall be contained in packaging as described in the Fumigation Handbook, any revisions thereto, and the Notice to the Trade “Bulk/Breakbulk Vessel Fumigation with Phosphine-Revised”, dated February 1, 2024, which is fully incorporated herein. 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.

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, fumigation costs are for owner's (vessel's) account, time not to count as Laytime or time on demurrage.

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

6.  Lightering at Disport:  The Owners are responsible for the performing Vessel to be of a suitable size and for arriving at discharge port and berth(s) with an acceptable safe arrival draft.  If Vessels' size or draft exceeds the acceptable safe arrival draft or size limitations, Owner to be fully responsible for any and all costs in reaching such safe draft and/or all costs for lightering the cargo into suitable size vessels.

In the event vessel has to lighten at disport whether full lightering or partial lightering, all lightering operations shall be at ship owner’s time, risk and expense. For all lightering (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry contracted cargo and that all winches/cranes are in good working order.  Laytime allowed, whether full or partial lightering, shall be based on the bill(s) of lading weight. In the event of partial lightering, vessel will not be considered ready until owners have arranged lightering and vessel has reached a safe draft for berthing.  All time lost before vessel reaches said draft is not to count as Laytime used. Laytime is not to commence prior 0800 on the next working day following completion of lightering and presentation of valid notice of readiness.  In the event of full lightering Laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge and demurrage/despatch rate shall apply only to the daughter vessel(s). Mother vessel (partial lightering) and daughter vessels (full or partial lightering) to take turns at discharge and time on second and subsequent vessels not to count until previous vessel completes discharge and has vacated the berth.

Any lighterage is to be accomplished within the territorial waters of the country of the named discharge port(s) unless otherwise approved by Charterers and USDA.

If owners intend to lighten, the offer should specify the cost of lightering, whether full or partial lightering. If lightering is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightering cost from the ocean freight.

7. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS) and to provide same to Charterer’s agent immediately upon completion of loading.

8.  Loading Port(s):  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; 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.  For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

9.  Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense.  Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments.  Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved surveyor.

10. Loading rate:

(a) Cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity.  The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours.  Sundays and holidays excepted, even if used.  Saturdays per BFC Saturday clause.

Vessel Contracted Quantity       Loading Guarantee

--------------------------------------------------

Bulk carriers:

          0 - 9,999.99 MT            4,000 MT per day

10,000 - 19,999.99 MT            5,000 MT per day

20,000 - 29,999.99 MT            6,000 MT per day

30,000 - 39,999.99 MT            7,500 MT per day

40,000 - 49,999.99 MT           10,000 MT per day

50,000 MT and above             12,000 MT per day

Tween-deckers and Multi-deckers, including liners: the load guarantee shall be 3,000 MT per day.

LASH/SEABEE barges:  the load/discharge guarantees shall not apply. No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.

(b) Demurrage/despatch is applicable at load and discharge port(s).  Owners are to specify demurrage/despatch rates in their offer, and rates quoted to be market related.  Despatch rates must be one-half of demurrage rates quoted.  LP / DP Laytime is non-reversible. 

(c) Laytime accounts are to be settled directly between owners and commodity supplier(s) at load port(s). Laytime calculation, overtime and trimming to be in accordance to Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel.  Further, the following modifications to N.A.E.G.A. will apply:  anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place.  Under no circumstances shall Charterers or CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s).  Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.

(d) Discharge port Laytime accounts are to be settled directly between owners and Receivers.  Vessel owner is to prepare and submit signed discharge port Laytime statement to Receivers within ten (10) days of completion of discharge.  Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Muller Shipping Corporation, New York, Fax: 516-256-7701/email cargo@mullershipping.com. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the buyers.  Any/all disputes between vessel owners and the buyers arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc. 

Laytime between load port(s) and discharge port(s) is non-reversible.  If vessel discharges at more than one port, Laytime is to be calculated separately for each discharge port. 

11. Discharge Terms: 

Dar es Salaam: Vessel to be discharged at One (1) Safe Berth(s), One (1) Safe Port, Dar es Salaam, Tanzania.  Receivers guarantee a 12.5-meter draft, LOA up to 200 meters at the discharge port.

Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 4,000 MT (of 2,204.6 pounds) for Bulk Carriers and 1,000 MT (of 2,204.6 pounds) for Tweens/Multi-Deckers per weather working day of 24 consecutive hours (pro-rata), Saturdays, Sundays and Holidays excluded even if used (PWWDSSHEX.EIU), on the basis of the bill of lading quantity.  Receivers to have the option to discharge simultaneously from all holds where their commodity is stowed.  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.

At each discharge port time used for initial shifting into berth from anchorage or lay berth to discharge berth is considered as continuation of the voyage and time and expenses for same are for Owner’s account and not to count against Laytime, even if vessel is on demurrage.  Otherwise, all time and customary port expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for Buyers’ account and to count as Laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port, except if shifting is necessary due to vessel size, type or configuration, or as excluded per the terms of Clause 6 herein (Lighterage), in which case time shall not count and costs are for Owner’s account.  Notwithstanding any of the foregoing, cost of vessels crew and bunkers consumed by vessel are always for Owner’s account.

12. Notice of Readiness (NOR) at each discharge port to be delivered at the office of Receivers or Receiver’s Agent during normal office hours, between 0800 hours and 1700 hours Monday through Friday, (Saturday, Sundays and holidays excluded), whether vessel has been customs cleared or not (WCCON), whether vessel has been granted free pratique or not (WIFPON), whether vessel in is port or not (WIPON), whether vessel is in berth or not (WIBON), and with any and all required lightering completed.  Laytime to commence at discharge port at 0800 hours on the next working day after NOR has been tendered for that port in accordance with these provisions.  At vessel’s option, NOR may be tendered in writing by cable, telex, facsimile or email.  Furthermore, at the Vessel’s option, NOR may be tendered if the vessel is at anchorage waiting for berth.  All times local times.

13. 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 Owner’s vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine, 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.

One Laytime Calculation to be made for all cargo discharging at each port, to be pro-rated amongst all receivers at that discharge port.

Laytime not to count for the time taken in closing/opening of vessel hatches.

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.

14. Receivers shall appoint and pay stevedores at the Discharge Port(s).  Charterers/Receivers reserve the right to nominate agents at the discharge port(s) to be appointed by Owners, with agency fees for Owner’s account, but not to exceed customary applicable fees.  Nominated agents: TBD

15. Charterers may require the overall tonnage to split into multiple bills of lading, with individual B/L quantities to be advised prior to ship loading.  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 Charter Party” and may be required to be “To Order”.  Bills of Lading must have issued date and On-Board date not later than May 15, 2025. Port names must also be described in accordance with letter of credit, expected to be as stated above.

Vessel Owners as named in offers and listed as Owners on any Charter Party made under this tender will be shown as carrier on bills of lading for all covered shipments, and the date of this Charter Party will appear on the bills of lading as the governing Charter Party date. No other Charter Party may be shown or referenced on the bills of lading.  Further, freighted non-negotiable bills of lading will be required for internal use by Charterers and USG.  Requests for exclusion of any of these provisions will not be considered and the submission of an offer against this tender will be deemed an acknowledgement of these requirements.

16. Transshipment is not permitted.

17. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation by the cooperating sponsor or buyers of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 27.  Freight payment will be made through WBSCM.  In event owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight

18. Provisions applicable to U.S. Flag vessels

(a) U.S. Flag approved freight rates will be reduced to a level not higher than Maritime Administration fair and reasonable rate in the event that originally approved vessel is substituted by a lower cost vessel (including tug and/or barge).

(b) For U.S. Flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.

(c) U.S. Flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel costs prior to submission of the offer.

(d) U.S. Flag vessels which require approval from the Maritime Administration to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issues must obtain such MARAD approval prior to submission of bids.

(e) One way rates must be quoted in addition to round trip rates for non-liner U.S. Flag vessels whose date of original construction exceeds fifteen years from date of fixture.

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

20. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement, and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.

21. Owners must guarantee that the performing vessel fully complies with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will remain compliant for the entirety of her employment under this charter party.  Upon request, Owners are to provide Charterers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code, or other evidence satisfactory to Charterers. Owners are to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM and/or ISPS code(s). Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract. Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.

22. Sub-standard vessels and operators:  Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)), establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (Preference) cargo(es) for up to one year after such substandard determination has been published electronically.  As the cargo advertised in this IFB is a government impelled (Preference) cargo, offerors must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (Preference) cargo(es).

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

24. Substitution of Vessel is not permitted without Charterers-USDA prior approval.  Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.

All vessel substitutions must be vetted through the USDA/Foreign Agricultural Service. The proposed substitute vessel must be of the same service category as the originally awarded vessel. This applies to both U.S. and foreign flag vessel substitutions. The proposed substitute vessel must also appear on the applicable Maritime Administration U.S. or foreign flag vessel list which can be accessed using the following URL: http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…

25. 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 may require samples of wheat 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.

26. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.

27. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's Agent / Freight Forwarder, LifeLink Logistics.

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

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER

20-057B Uganda Amendment

February 28, 2025

FREIGHT TENDER AMENDMENT

Program:  Food for Progress 

Country:  Madagascar and Uganda 

Amendment Date:  February 28, 2025

Freight Tender Date:  February 27, 2025

IFB Number:  20-057B (Uganda) & 24-009B (Madagascar)

WBSCM Commodity Solicitation Number 2000010664

WBSCM Freight Solicitation Number 2000010665

Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on behalf of Catholic Relief Services (CRS), announces the following amendment to the freight tender issued February 27, 2025 under the Food for Progress program for wheat to Mombasa and Dar es Salaam as indicated below.

Cargo:  Bulk Grain, per the following orders/parcels

Laycan March 20-30, 2025 / Dar es Salaam Discharge 

Parcel D1:  Up to 3,430 MT Hard Red Winter Wheat, WBSCM SO 5000967016 / Dar es Salaam

Parcel D2:  Up to 7,700 MT Hard Red Winter Wheat, WBSCM SO 5000967026 / Dar es Salaam

Laycan March 20-30, 2025 / Mombasa Discharge 

Parcel M1:  Up to 9,070 MT Hard Red Winter Wheat, WBSCM SO 5000967016 / Mombasa 

Parcel M2:  Up to 3,790 MT Hard Red Winter Wheat, WBSCM SO 5000967026 / Mombasa 

Parcel M3:  Up to 15,000 MT Hard Red Winter Wheat, WBSCM SO 5000967016 Mombasa

Laycan April 15-25, 2025 / Dar es Salaam Discharge 

Parcel D3:  Up to 3,420 MT Hard Red Winter Wheat, WBSCM SO 5000967017 / Dar es Salaam

Parcel D4:  Up to 7,700 MT Hard Red Winter Wheat, WBSCM SO 5000967058 / Dar es Salaam

Laycan April 15-25, 2025 / Mombasa Discharge 

Parcel M4:  Up to 9,080 MT Hard Red Winter Wheat, WBSCM SO 5000967017 / Mombasa 

Parcel M5:  Up to 3,790 MT Hard Red Winter Wheat, WBSCM SO 5000967058 / Mombasa 

Parcel M6:  Up to 15,000 MT Hard Red Winter Wheat, WBSCM SO 5000967017 Mombasa

- Fixture(s) to be made Min/Max basis 

Loading:  1-2SB, 1-2SP, All USA Port Ranges

Discharging:  1SB Each 1-2SP Mombasa, Kenya and/or Dar es Salaam, Tanzania

Load Terms:   Scale Gross Load (see below)

Discharge:  Free Out with Demurrage/Despatch 

The following provision is added to the freight tender and to be incorporated into the Charter Party(ies):

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.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER AMENDMENT

20-057B Uganda Tender

February 27, 2025

Freight Tender
 

Program: Food for Progress
 

Country: Madagascar and Uganda
 

Date: February 27, 2025
 

IFB Number: 20-057B (Uganda) & 24-009B (Madagascar)
 

WBSCM Commodity Solicitation Number 2000010664
WBSCM Freight Solicitation Number 2000010665
 

Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on behalf of Catholic Relief Services (CRS), announces the following freight tender and requests offers of U.S. and non-U.S. flag geared vessels for the carriage of commodities under the Food for Progress program.
*** N.B. The requirements of the following Notices to the Trade are fully incorporated into this solicitation and will be included in any contract(s) awarded against this tender:
FAS Notices as posted at https://www.fas.usda.gov/ocean-freight-tenders
Cargo: Bulk Grain, per the following orders/parcels
Laycan March 20-30, 2025 / Dar es Salaam Discharge
Parcel D1: Up to 3,430 MT Hard Red Winter Wheat, WBSCM SO 5000967016 / Dar es Salaam
Parcel D2: Up to 7,700 MT Hard Red Winter Wheat, WBSCM SO 5000967026 / Dar es Salaam
Laycan March 20-30, 2025 / Mombasa Discharge
Parcel M1: Up to 9,070 MT Hard Red Winter Wheat, WBSCM SO 5000967016 / Mombasa
Parcel M2: Up to 3,790 MT Hard Red Winter Wheat, WBSCM SO 5000967026 / Mombasa
Parcel M3: Up to 15,000 MT Hard Red Winter Wheat, WBSCM SO 5000967016 Mombasa
Laycan April 15-25, 2025 / Dar es Salaam Discharge
Parcel D3: Up to 3,420 MT Hard Red Winter Wheat, WBSCM SO 5000967017 / Dar es Salaam
Parcel D4: Up to 7,700 MT Hard Red Winter Wheat, WBSCM SO 5000967058 / Dar es Salaam
Laycan April 15-25, 2025 / Mombasa Discharge
Parcel M4: Up to 9,080 MT Hard Red Winter Wheat, WBSCM SO 5000967017 / Mombasa
Parcel M5: Up to 3,790 MT Hard Red Winter Wheat, WBSCM SO 5000967058 / Mombasa
Parcel M6: Up to 15,000 MT Hard Red Winter Wheat, WBSCM SO 5000967017 Mombasa
- Fixture(s) to be made Min/Max basis
Loading: 1-2SB, 1-2SP, All USA Port Ranges
Discharging: 1SB Each 1-2SP Mombasa, Kenya and/or Dar es Salaam, Tanzania
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
Offerors are encouraged to offer the CRS cargo in combination with CNFA, LWR and TNS currently in the market for the same discharge ports.
Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender. Contracted quantity will be on Min/Max basis.
COMMINGLING RESTRICTIONS
Wheat for Mombasa may not be commingled with wheat for Dar es Salaam. The CRS HRW covered by this freight tender may be commingled with wheat of the same grade and specifications if from the same supplier and loading from the same terminal and being discharged at the same port , but such commingling also subject to approval by all other parties. Otherwise, CRS HRW must be fully segregated from any other cargoes carried by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick plywood dunnage boards with drilled holes in order to accept fumigation. If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account. Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.
Any part cargo(es) shall not be non-agricultural products or other hazardous products that could jeopardize product’s quality. Part cargoes to be detailed in offer or approved by Charterers/USDA if contracted after fixture of cargoes covered by this IFB. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.
SUBMISSION OF FREIGHT OFFERS:
To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s) for submission of bids therein.
Freight offers are due no later than 10:00 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) on March 4, 2025. Only firm offers will be accepted. All offers must remain valid through close of business U.S. Eastern time March 6, 2025. No phone offers or offers via e-mail will be accepted.
Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday. Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.
When submitting a freight proposal in WBSCM, the Carrier confirms their proposal is firm and in agreement with the terms and conditions of the freight solicitation(s). In the event a Carrier submits a freight proposal and withdraws the proposal after USDA receives and awards the commodity offers, the Carrier shall be responsible for all expenses resulting from the withdrawal including, but not limited to, re-procurement costs and additional freight costs.
The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM
Carriers must be assigned an USDA eAuthentication logon ID and password to access the WBSCM system. Contact the WBSCM Help Desk for information regarding logon IDs, passwords, and WBSCM system questions or concerns:
Telephone: (877) 927-2648
E-mail: WBSCM.ServiceDesk@caci.com
There have been significant changes to the Cargo Preference legislation. Offerors are encouraged to review the FAS notice on the same, available at: http://www.fas.usda.gov/excredits/ifb/default.htm.
For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.
Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load. Pre-advice notice must be received at office of Muller Shipping Corp. prior to 1100 New York time on a regular business day to be considered received on that day. If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.
Terms/Conditions:
1. Vessel Restrictions:
- Non-U.S. flag vessels must be geared single-deck bulk grain carriers only and must not be older than fifteen (15) years. Year of original construction, not rebuilt date, to govern. U.S. flag vessels may be non-geared and/or Tween/Multideckers, but cargo to always be directly accessible by vessel cranes/grabs. Towed barges and Tankers are not acceptable. All vessel(s) to be classed highest Lloyds or equivalent.
- All vessels 15 years and older and all ocean-going barges must have all openings to cargo spaces and hatches' covers tightly sealed with tape or by other means to assure watertight integrity. The sealing shall be done to the satisfaction of attending NCB surveyor as attested by a special survey. Cost of sealing hatch covers/openings to cargo spaces as well as special survey fees shall be for vessel owner's account. Special survey certificate shall in no way affect owner's liability and responsibilities toward the cargo.
- Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account. Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.
- No cargo shall be loaded into deeptanks, bunker and bridge spaces, wings and ends of tweendecks or other spaces which are not bleedable or directly accessible to grab discharge. Time used for discharging from such places shall not count as Laytime or time on demurrage.
2. Only clean offers of named vessels with full particulars will be considered. Offerors are encouraged to include the following information: Name of vessel and flag, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.
Vessel's itinerary from day of offer to first or sole discharge port under this tender is to be submitted with offer and be incorporated into the CP.
3. Vessel Gear Requirements:
In case U.S. flag vessels are 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 owner shall hire at vessel owner’s 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 shore crane(s) not being immediately available upon vessels arrival at the discharge port and/or the initial setup of the shore crane(s) and/or breakdown or maintenance of the shore carne(s) does count as laytime or time on demurrage.
Tween/Multi Deck vessels need to have fully retractable decks, failing which any costs and consequences for damages to the vessel and port equipment to be for the vessel owner’s account.
Non-US Flag vessels to be geared, equipped with own cranes with minimum capacity of 25 MT SWL covering each workable hatch where cargo is stowed to be discharged and permit discharging with 8 cubic meter shore grabs into shore hoppers. Any time lost on account of the vessel’s crane(s) breaking down or requiring maintenance shall not count as laytime or time on demurrage.
Such discharge equipment shall be in good working order at all times capable of maintaining the guaranteed average discharge rate as specified elsewhere herein, and must meet all requirements and regulations of the applicable port authorities.
- Opening and closing of hatches at loading ports shall be performed by the Vessel's crew at the Owners' expense. If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.
4. Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight for additional load ports or berths and/or discharge ports, if used. Freight rate quotations must provide breakdown of rates (as applicable) for: a) Ocean transportation; b) Cost of lightening.
5. Vessels must be able to be fumigated in accordance with the recent USDA and USAID Notices to the Trade regarding Bulk Vessel Fumigation with Phosphine. Vessel Master and relevant crew members must therefore be familiar and comply with these requirements. Vessels must be able to be fumigated in accordance with FGIS requirements for in-transit fumigation and vessels that cannot be so fumigated will not be considered. At final loading port, Commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook dated July 10, 2020, and any revisions thereto. Fumigation shall be witnessed by FGIS, USDA, and the aluminum phosphide preparation shall be contained in packaging as described in the Fumigation Handbook, any revisions thereto, and the Notice to the Trade “Bulk/Breakbulk Vessel Fumigation with Phosphine-Revised”, dated February 1, 2024, which is fully incorporated herein. 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.
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, fumigation costs are for owner's (vessel's) account, time not to count as Laytime or time on demurrage.
The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for in-transit fumigation shall be for Receiver’s account and time used to count as Laytime.
6. Lightering at Disport: The Owners are responsible for the performing Vessel to be of a suitable size and for arriving at discharge port and berth(s) with an acceptable safe arrival draft. If Vessels' size or draft exceeds the acceptable safe arrival draft or size limitations, Owner to be fully responsible for any and all costs in reaching such safe draft and/or all costs for lightering the cargo into suitable size vessels.
In the event vessel has to lighten at disport whether full lightering or partial lightering, all lightering operations shall be at ship owner’s time, risk and expense. For all lightering (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry contracted cargo and that all winches/cranes are in good working order. Laytime allowed, whether full or partial lightering, shall be based on the bill(s) of lading weight. In the event of partial lightering, vessel will not be considered ready until owners have arranged lightering and vessel has reached a safe draft for berthing. All time lost before vessel reaches said draft is not to count as Laytime used. Laytime is not to commence prior 0800 on the next working day following completion of lightering and presentation of valid notice of readiness. In the event of full lightering Laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge and demurrage/despatch rate shall apply only to the daughter vessel(s). Mother vessel (partial lightering) and daughter vessels (full or partial lightering) to take turns at discharge and time on second and subsequent vessels not to count until previous vessel completes discharge and has vacated the berth.
Any lighterage is to be accomplished within the territorial waters of the country of the named discharge port(s) unless otherwise approved by Charterers and USDA.
If owners intend to lighten, the offer should specify the cost of lightering, whether full or partial lightering. If lightering is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightering cost from the ocean freight.
7. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS) and to provide same to Charterer’s agent immediately upon completion of loading.
8. Loading Port(s): 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; 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. For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.
9. Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense. Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments. Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved surveyor.
10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity. The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours. Sundays and holidays excepted, even if used. Saturdays per BFC Saturday clause.
Vessel Contracted Quantity Loading Guarantee
--------------------------------------------------
Bulk carriers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day
Tween-deckers and Multi-deckers, including liners: the load guarantee shall be 3,000 MT per day.
LASH/SEABEE barges: the load/discharge guarantees shall not apply. No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.
(b) Demurrage/despatch is applicable at load and discharge port(s). Owners are to specify demurrage/despatch rates in their offer, and rates quoted to be market related. Despatch rates must be one-half of demurrage rates quoted. LP / DP Laytime is non-reversible.
(c) Laytime accounts are to be settled directly between owners and commodity supplier(s) at load port(s). Laytime calculation, overtime and trimming to be in accordance to Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel. Further, the following modifications to N.A.E.G.A. will apply: anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place. Under no circumstances shall Charterers or CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s). Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.
(d) Discharge port Laytime accounts are to be settled directly between owners and Receivers. Vessel owner is to prepare and submit signed discharge port Laytime statement to Receivers within ten (10) days of completion of discharge. Copies of signed discharge port Notice of Readiness, Statement of Facts, and Laytime Statement also to be provided to Muller Shipping Corporation, New York, Fax: 516-256-7701/email cargo@mullershipping.com. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the buyers. Any/all disputes between vessel owners and the buyers arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.
Laytime between load port(s) and discharge port(s) is non-reversible. If vessel discharges at more than one port, Laytime is to be calculated separately for each discharge port.
11. Discharge Terms:
Dar es Salaam: Vessel to be discharged at One (1) Safe Berth(s), One (1) Safe Port, Dar es Salaam, Tanzania. Receivers guarantee a 12.5-meter draft, LOA up to 200 meters at the discharge port.
Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 4,000 MT (of 2,204.6 pounds) for Bulk Carriers and 1,000 MT (of 2,204.6 pounds) for Tweens/Multi-Deckers per weather working day of 24 consecutive hours (pro-rata), Saturdays, Sundays and Holidays excluded even if used (PWWDSSHEX.EIU), on the basis of the bill of lading quantity. Receivers to have the option to discharge simultaneously from all holds where their commodity is stowed. 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.
Mombasa: Vessel to be discharged at One (1) Safe Berth(s), One (1) Safe Port, Mombasa, Kenya. Receivers guarantee a 10.5-meter draft, LOA up to 200 meters at the discharge port. (Note: Buyer(s)
advise that vessels with greater draft and/or LOA may be accommodated by special arrangement with port authorities if additional fees are paid. If any such arrangements are made this to be done at Owner’s time, risk and expense.)
Cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 5,000 MT (of 2,204.6 pounds) for Bulk Carriers and 1,000 MT (of 2,204.6 pounds) for Tweens/Multi-Deckers per weather working day of 24 consecutive hours (pro-rata), Saturdays, Sundays and Holidays excluded even if used (PWWDSSHEX.EIU), on the basis of the bill of lading quantity. Receivers to have the option to discharge simultaneously from all holds where their commodity is stowed. 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.
At each discharge port time used for initial shifting into berth from anchorage or lay berth to discharge berth is considered as continuation of the voyage and time and expenses for same are for Owner’s account and not to count against Laytime, even if vessel is on demurrage. Otherwise, all time and customary port expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for Buyers’ account and to count as Laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port, except if shifting is necessary due to vessel size, type or configuration, or as excluded per the terms of Clause 6 herein (Lighterage), in which case time shall not count and costs are for Owner’s account. Notwithstanding any of the foregoing, cost of vessels crew and bunkers consumed by vessel are always for Owner’s account.
12. Notice of Readiness (NOR) at each discharge port to be delivered at the office of Receivers or Receiver’s Agent during normal office hours, between 0800 hours and 1700 hours Monday through Friday, (Saturday, Sundays and holidays excluded), whether vessel has been customs cleared or not (WCCON), whether vessel has been granted free pratique or not (WIFPON), whether vessel in is port or not (WIPON), whether vessel is in berth or not (WIBON), and with any and all required lightering completed. Laytime to commence at discharge port at 0800 hours on the next working day after NOR has been tendered for that port in accordance with these provisions. At vessel’s option, NOR may be tendered in writing by cable, telex, facsimile or email. Furthermore, at the Vessel’s option, NOR may be tendered if the vessel is at anchorage waiting for berth. All times local times.
13. 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 Owner’s vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine, 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.
One Laytime Calculation to be made for all cargo discharging at each port, to be pro-rated amongst all receivers at that discharge port.
Laytime not to count for the time taken in closing/opening of vessel hatches.
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.
14. Receivers shall appoint and pay stevedores at the Discharge Port(s). Charterers/Receivers reserve the right to nominate agents at the discharge port(s) to be appointed by Owners, with agency fees for Owner’s account, but not to exceed customary applicable fees. Nominated agents: TBD
15. Charterers may require the overall tonnage to split into multiple bills of lading, with individual B/L quantities to be advised prior to ship loading. 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 Charter Party” and may be required to be “To Order”. Bills of Lading must have issued date and On-Board date not later than May 15, 2025. Port names must also be described in accordance with letter of credit, expected to be as stated above.
Vessel Owners as named in offers and listed as Owners on any Charter Party made under this tender will be shown as carrier on bills of lading for all covered shipments, and the date of this Charter Party will appear on the bills of lading as the governing Charter Party date. No other Charter Party may be shown or referenced on the bills of lading. Further, freighted non-negotiable bills of lading will be required for internal use by Charterers and USG. Requests for exclusion of any of these provisions will not be considered and the submission of an offer against this tender will be deemed an acknowledgement of these requirements.
16. Transshipment is not permitted.
17. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation by the cooperating sponsor or buyers of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 27. Freight payment will be made through WBSCM. In event owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight
18. Provisions applicable to U.S. Flag vessels
(a) U.S. Flag approved freight rates will be reduced to a level not higher than Maritime Administration fair and reasonable rate in the event that originally approved vessel is substituted by a lower cost vessel (including tug and/or barge).
(b) For U.S. Flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.
(c) U.S. Flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel costs prior to submission of the offer.
(d) U.S. Flag vessels which require approval from the Maritime Administration to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issues must obtain such MARAD approval prior to submission of bids.
(e) One way rates must be quoted in addition to round trip rates for non-liner U.S. Flag vessels whose date of original construction exceeds fifteen years from date of fixture.
19. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.
20. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement, and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.
21. Owners must guarantee that the performing vessel fully complies with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will remain compliant for the entirety of her employment under this charter party. Upon request, Owners are to provide Charterers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code, or other evidence satisfactory to Charterers. Owners are to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM and/or ISPS code(s). Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract. Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.
22. Sub-standard vessels and operators: Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)), establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (Preference) cargo(es) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this IFB is a government impelled (Preference) cargo, offerors must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (Preference) cargo(es).
23. Owners warrant that vessel offered is free from any liens and/or encumbrances.
24. Substitution of Vessel is not permitted without Charterers-USDA prior approval. Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.
All vessel substitutions must be vetted through the USDA/Foreign Agricultural Service. The proposed substitute vessel must be of the same service category as the originally awarded vessel. This applies to both U.S. and foreign flag vessel substitutions. The proposed substitute vessel must also appear on the applicable Maritime Administration U.S. or foreign flag vessel list which can be accessed using the following URL: http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…
25. 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 may require samples of wheat 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.
26. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.
27. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's Agent / Freight Forwarder, LifeLink Logistics.
28. All other terms and conditions as per Proforma Charter Party, available upon request.
For further information contact Muller Shipping Corp. 516-256-7700 (New York)
END OF FREIGHT TENDER