Benin Award24-013B

24-013B Benin Award

March 25, 2025

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

IFB No.: 24-013B

Commodity Solicitation no. 2000010690

Freight Solicitation no. 2000010691

Cargo: 26,500 metric tons of milled rice in bulk

WBSCM SO 5000968443

Laycan: April 5-15,2025

24-013B Benin Tender

March 11, 2025

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

IFB No.: 24-013B

WBSCM Sales Order: SO 5000968443

Commodity Solicitation No.: 2000010690

Freight Solicitation No.: 2000010691

Cargo: Up to 26,500 metric tons of milled rice with 541,000 empty 50k-bags

Agreement No.: FCC-680-2024/015-00

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

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

SUBMISSION OF FREIGHT OFFERS:

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this tender via the USDA Web Based Supply Chain Management (WBSCM) system for the Solicitation Number(s) referenced above.  All offers are subject to all requirements of WBSCM and of the aforementioned Solicitation(s), including the deadline(s) for submission of bids therein. The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM 

Carriers must be assigned a USDA eAuthentication logon ID and password to access the WBSCM system.  Contact the WBSCM Help Desk for information regarding logon IDs, passwords, and WBSCM system questions or concerns:

Telephone: (877) 927-2648

E-mail:  WBSCM.ServiceDesk@caci.com

Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender.  The contracted quantity will be on Min/Max basis.  Offerors should also consider combining this cargo with another Food for Progress cargo that being tendered concurrently for up to 13,000 MT of soybean meal on behalf of CNFA.

Empty bags to be transported freight free on same vessel as cargo carried. See empty bag delivery clause below for full details of the requirements.

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

Freight rate to be quoted per MT on liner out terms, including cost of bagging and stacking into port storage, basis one loading port/berth and one discharge port, Abidjan, Côte d’Ivoire.  Offerors to provide optional rate on the basis of bagging and stacking onto Buyers/Receivers trucks alongside vessel.  Offeror to stipulate any additional freight per metric on entire cargo for each additional load berth and load port if used.  Above rate should give a breakdown of ocean freight basis liner out and cost of bagging/stacking into port warehouse or trucks alongside vessel and therefore the sum of total freight charges. The breakdown should include cost of lightening if Vessel Owner intends to lighten.

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

The Port of Abidjan must be the first port of discharge. The vessel's itinerary from day of offer to Abidjan port under this tender is to be submitted with offer and be incorporated into the Governing Charter Party (CP).

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

For evaluation purposes, Offerors should enter Ocean transportation rate on the basis of Liner Out, Bagged and Stacked into port storage alongside vessel, One Safe Berth, Port of Abidjan, Côte d’Ivoire. 

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

Terms and Conditions

1. Cargo 

Up to 26,500 metric tons of milled rice in bulk with 541,000 empty 50-kg bags

Empty Bags Carried Free

Laydays: April 5-15, 2025

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

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

Load Terms: Scale Gross Load (see below)

Discharge: Liner Out with No Demurrage/Despatch (details below)

Buyer/Consignee: Groupe Velegda SUARL

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

Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load.  Pre-advice notice must be received at the office of Fettig & Donalty, Inc. prior to 1100 New York time on a regular business day to be considered received on that day.  If pre-advice is received after 1100 New York time on a regular business day or on a weekend/holiday, pre-advice will be considered received on the next business day.

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

If the vessel is fixed basis Part Cargo, the rice for Abidjan may not be commingled with any other agricultural products on the same vessel. Any other commodities, such as soybean meal, covered by a separate tender or any other completion cargoes must be fully segregated from any other part cargoes by natural separation or by Kobe Type Separation of sturdy construction, flatly built with tarpaulin or roofing paper spread over an even base and then covered with thick dunnage boards with drilled holes in order to accept fumigation.  If segregation is by artificial separations, all such separations and stowage must be approved by the National Cargo Bureau (NCB) and all expenses are for Owner’s account.  Any damage sustained by Kobe Type Separation from the discharge of commodities covered by this freight tender is not to be for Charterer’s or Receiver’s account.

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

2. Vessel Restrictions

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

Vessel gear requirements: vessels must be capable of discharge gear by means of grabs utilizing vessel gear. All discharge gear and equipment to be supplied by Vessel Owner and Vessel Owner’s expense. Vessel Owners to provide at their expense all necessary motive power/fuel to operated owner provided discharging gear discharging gear. Use of vacuvators is prohibited.

If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.

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

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

3. Loading Port and Loading Terms

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

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

Bulk carriers:

Vessel Contracted Quantity                              Loading Guarantee     

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

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

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

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

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

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

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

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

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

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

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

4. Discharge Port and Discharging Terms

Vessel to be discharged at one safe berth at Port of Abidjan, Côte d’Ivoire. 

Vessel Owner to check and satisfy themselves to the prevailing restrictions at suitable berths available for discharging grain for intended vessel type. 

The cargo is to be discharged by the Vessel Owner, liner out terms, no demurrage, no despatch. The Vessel Owner shall bag the rice in 50-kg bags, deliver, and stack into port storage at Vessel Owner’s time, risk, and expense. The carrier is required to double stitch the bags during the bagging at the discharge port. The Buyer/Receiver to arrange port storage in advance of vessel arrival at discharge port.  Any/all costs incurred after stacking at port storage will be for Buyer’s account.

To ensure timely vessel discharge, at Charterer/Receiver’s option, the cargo can be stacked onto receivers’ trucks at the end of the bagging line, alongside vessel, at vessel owner’s time, risk, and expense.  This option would only be exercised if Buyer/Receiver’s trucks are already alongside vessel.  If Buyer/Receiver’s trucks are not sufficient in capacity or consistently available, the Vessel Owner will stack the filled bags at the Buyer/Receiver’s designated port storage. 

Receivers/Buyers are responsible for any claims from Vessel Owner for slow take-away due to insufficient truck capacity. Any claims by Vessel Owner for slow take-away by Receiver/Buyer or for any claims by Receiver/Buyer for slow delivery of the bagged rice by Vessel Owner, are to be settled directly between Receivers/Buyers and Vessel Owner. Charterers will not be responsible for settling claims or disputes between Vessel Owner and Receivers/Buyers.  The Vessel Owner is a third-party beneficiary to enforce the terms of this provision.  All disputes between Receivers/Buyers and Vessel Owner will be arbitrated in New York under the Society of Maritime Arbitrators, Inc. 

5. Laytime at Load Port

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

6. Fumigation

    

Vessels must be able to be fumigated with an Aluminum Phosphide preparation in-transit, in accordance with updated revision of the USDA/FGIS Handbook now dated July 10, 2020.  Vessels that cannot be so fumigated will not be considered. At the final loading port, the commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator. Fumigation must be witnessed by FGIS, USDA, and the Aluminum Phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tweendeckers and bulk carriers (including push-mode ITB), the recirculation method of fumigation will be used. Tween-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for in-transit fumigation and such written statement from certified applicator should be submitted with offer.

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

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

7. Lightering at Disport

Vessel Owners are responsible for vessel(s) arriving at the discharge port with allowable draft. Use of vacuvators for rice discharge is not permitted. Lightening is permitted. If any lightening is required, it 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. 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. In case of any lightering required same to be for ship owner’s account including hiring of suitable barges. All time lost and all extra expenses resulting from vessel's draft and LOA exceeding port official and practical requirements for the account of the Vessel Owner.

If Vessel Owner intends to lighten, the offer to specify the cost of lightening and whether partial or full lightening.  If intended lightening is not performed at discharge port and vessel discharges directly at berth, USDA will deduct cost of lightening from ocean freight.

8. Demurrage/Despatch

    

Demurrrage/Despatch is applicable at load port(s). 

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

9. Stevedores and Vessel Agents

    

At load port(s), Owners are to appoint and pay for stevedores and vessel agents.  At discharge port(s) Owner to appoint and pay for the vessel’s agent and to appoint and pay for stevedores. 

10.  Dues, Taxes, and Customary Port Expenses

     

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

11.  Bills of Ladings

Ship owners and/or their agents to release original and non-negotiable bills of lading to Charterer immediately upon completion of loading and without any undue delays and in any case not later than the second regular business day after loading is completed.  Bills of lading to be marked “Freight payable as per Governing charter party” and made out to order Receivers/Buyers’ Bank.  Following cargo description to be in bills of ladings XXX MT U.S. Milled Rice. 

12.  Transmission of Sailing Notices to Charterer’s Agent

     

Not later than 24 hours after completion of Loading Master and or owner and or agent to send a Sailing Notice to Charterer’s agent, Fettig & Donalty, Inc., Fax: 202-639-8276/email Mlagoon@fettigdonalty.com.  Said notice to state vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date, departure date (or ETD if vessel has not yet sailed), ETA Côte d’Ivoire and any ports of call in route, and loaded draft of vessel ETA Côte d’Ivoire.

13.  Transshipment is not permitted

14.   Freight Payment

Payment of ninety percent (90%) of freight will be paid directly to the carrier upon vessel by the USDA upon confirmation by the cooperating sponsor of vessel arrival at the first or sole discharge port.  The balance (10%) will be paid upon completion of discharge and delivery of cargo in bags. Freight payment will be made through WBSCM.  In the event Owners have not paid the carrying/interest charges if any, CCC/USDA will have the right to deduct same amount owed from ocean freight.

15.  Vessel Substitution

Substitution of Vessel is not permitted without PfD and USDA prior approval. Any proposed substitute vessel shall be of the similar type, class, approximate size and with same Laydays.

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

16.  RightShip Requirements

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

17.  Provisions applicable to U.S. Flag vessels

     

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

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

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

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

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

18.  No Negotiations Permitted

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

19.  No Sublet or Slot-Charter Arrangement

     

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

20.  ISM Code

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

21.  Section 408 Compliance

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

22.   Free from Liens and Encumbrances

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

25) Port Restrictions due to COVID-19/Pandemic

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

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

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

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

27) Commission 

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

28) Claims

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

29) Further Details

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

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

Issued March 6, 2025