Albania CARE 416(b) 02-045
USDA Reference No: ALB-CARE-416(b)-02-045
Commodity: 9,500 MT Wheat
Pack Size: Bulk
Load Port: 1 SB, 1 SP U.S. Gulf (New Orleans)
Laydays: Oct. 15/25, 2002
Discharge Port: 1/2 SB, 1 SP Durres, Albania
Owner/Carrier: August Trading Inc.
Vessel/Flag: MT Sabine Eagle, U.S. Flag
Booked Rate/GMT: $ 90.00/GMT Ocean RT, $78.25/MT One-Way
In combination with 20,000 MT Wheat for Lebanon
Commodity: 9,000 MT Wheat
Pack Size: Bulk
Load Port: 1 SB, 1 SP U.S. Gulf (Galveston)
Laydays: Nov 1/10, 2002
Discharge Port: 1/2 SB, 1 SP Durres, Albania
Owner/Carrier: Teco Ocean Shipping
Vessel/Flag: ITB Marie Flood/Janis Guzzle, U.S. Flag
Booked Rate/GMT: $ 85.00/GMT Ocean RT, $67.59/MT One-Way
In combination with 24,400 MT Wheat for Bosnia
CARE Freight Tender
Invitation for Bid ALB-CARE-416(b)-02-045
September 19, 2002
Muller Shipping Corporation, New York, for and on behalf of CARE, requests offers of U.S. and non-U.S. Flag geared bulk carrier vessels, tweendeckers or multi-deckers, including liners and tankers, (gearless vessels will be considered with owners providing necessary gear at loading and discharging ports, at the discharge port vacuvator discharge method is the preferred type of gear) for the carriage of Section 416(b) program commodities on the following basis. For both geared and gearless vessels, hopper availability at discharge port is requested to be stated in the offer.
1. Cargo/Quantity - Approximately 18,500 metric tons Wheat in bulk, in two shipping periods:
First Shipping Period:
Laydays: October 15/25, 2002 - Approximately 9,500 metric tons
Second Shipping Period:
Laydays: November 1/10, 2002 - Approximately 9,000 metric tons
Contracted quantities to be on a Min/Max basis.
Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased for either shipping period is more or less than the quantity stated in this tender.
2. Load port/range - one to two safe berths each one to two safe U.S. ports. Offers will be considered from all U.S. coastal ranges, including U.S. Great Lakes ports. For offers basis U.S. Great Lakes utilizing feeder vessels, offer is to include name and description of feeder vessels. If Mississippi River District, not north of but including Port Allen, LA to be considered one port. Puget Sound area, including Tacoma, 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 one port.
3. Discharge port(s) - one or two safe berths, one safe port Durres, Albania.
4. Loading/Discharging terms:
(a) Loading terms: cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity. The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours. Sundays and holidays excepted, even if used. Saturdays per BFC Saturday clause.
Vessel Contracted Quantity Loading Guarantee
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 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) Discharging terms: cargo to be discharged free of risk and expense to the vessel, at the average rate of Seven Hundred Fifty (750) tons of 2,204.6 pounds per weather working day of 24 consecutive hours, Time from 1700 hrs Friday or on a day preceding a holiday until 0800 hrs Monday or the next working day following such a holiday not to count even if used, on quantity contracted under this tender only.
Receivers in Albania anticipate direct discharge to trucks.
Notice of Vessel’s readiness to discharge must be tendered and accepted at the office of the Receivers or their agents during official working hours at the port, Vessel having been entered at the custom house, accompanied by all necessary passes, and with any and all required lightering completed. Laytime will then commence at 0800 hours on the next business day, whether in berth or not.
(b) Lightening for owners account.
(c) Demurrage/despatch is applicable at load and discharge port(s). Owners are to specify demurrage/despatch rates in their offer. Despatch rates must be one-half of demurrage rates quoted. Laytime is non-reversible.
(d) 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.
(e) Discharge port Laytime accounts are to be settled directly between owners and Buyers. Copies of discharge port Laytime Statement, discharge port Notice of Readiness and discharge port Statement of Facts, all signed on behalf of Buyers and Owners are to be provided to Muller Shipping Corporation within forty days of completion of discharge. 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.
5. Laydays for each shipping period are provided under Clause No. 1. Fourteen (14) day load port preadvice required. Preadvice 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 preadvice is received after 1100 New York time on a regular business day or on a weekend/holiday, preadvice will be considered received on the next business day.
Owners/agents are required to continuously provide charterers or their agent with vessel ETA and vessel position including latitude and longitude up to U.S. load port and discharge port.
6. Freight rate to be quoted in U.S. dollars per metric ton. Ocean freight rate to be quoted basis one loading port to one discharging port. Additional freight per metric ton on entire cargo for each additional load or discharge port used to be stated separately.
Offers requiring additional premium for additional load/discharge berths will not be considered responsive to this tender.
7. 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.
8. 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
Full style vessel owner/operator
Vessel's actual warranted service speed
Number of holds/hatches
Type of gear
Hopper availability at discharge port
Current employment and cargo, contracted or anticipated
Current position of vessel including latitude/longitude
Vessel ETA at load port and proposed itinerary
Maximum fully loaded draft of vessel
Any or additional certifications on the vessel if needed, shall be
furnished by owners upon request.
Owners must guarantee that the performing vessel fully complies with the new ISM Code, if required, and is in possession of a valid Document of Compliance and Safety Management Certificate and will remain so for the entirety of her employment under this charter party. Owners are to provide charterers with satisfactory evidence of compliance and 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 code. Non-compliance with the requirements of the ISM code shall be deemed a breach of contract.
9. 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).
10. Owners warrant that vessel offered is free from any liens and/or encumbrances. Owners further warrant that vessel offered is registered with U.S. Coast Guard and classified by ABS.
11. Lightening for owners account. Lighter vessels (if used) must be geared ocean-going bulk vessels with at least one operation gear for each hatch, classed highest in Lloyds or equivalent, and certified by licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry grain and that all hoist/winches/cranes are in good working order.
If owners intend to lighten, the offer should specify the cost of lightening, whether partial or full lightening. If lightening is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightening cost from the ocean freight.
12. Owners to be responsible for any cargo loss, shortage, or damage between the bill of lading weight and the weight delivered at the port of discharge. Further, the United States Department of Agriculture/Kansas City Commodity Office's guidelines for claims for over, short and damaged cargo documentation to be fully incorporated in contract/charter.
13. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).
14. Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required. 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.
15. 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).
16. 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.
17. 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.
18. 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.
19. 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 (15) years from date of fixture.
20. Foreign flag vessels must not be older than twenty (20) years and must be classed highest in Lloyd's register or its equivalent. Date of original construction, not rebuilt date, to govern.
21. No substitution of vessels allowed unless approved by all parties concerned. Substitution requests must be presented within a reasonable time for consideration by CARE/USDA.
22. Further details and additional terms are subject to the terms and conditions of the CARE Proforma charter party, which is available upon request from Muller Shipping Corp.
23. Both U.S. and foreign flag offers which are responsive to this tender will be considered, with no negotiation permitted. All offers are also subject to approval by CARE and USDA.
24. Offers from outside the United States must be made through a U.S.A. representative or broker.
25. Vessels must be able to be fumigated with an aluminum phosphide preparation in transit in accordance with the USDA, FGIS Fumigation Handbook and vessels that cannot be so fumigated will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook. 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. For tankers and tug barges other than push mode ITBs, surface application will be used.
Tween-deck vessels will be considered provided they are acceptable for in-transit fumigation in accordance with FGIS Fumigation Handbook. Offers of such tween-deck vessels must be accompanied by a copy of a letter from FGIS, USDA, stating that the vessel can be fumigated under the FGIS in-transit fumigation procedures.
In addition, tween-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for 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 if any are for owner's (vessel's) account, time to count.
26. The successful offeror(s) will post a performance bond in an amount equivalent to five percent (5%) of the total estimated freight costs within five (5) working days of the award in the form of a certified check drawn on a U.S. bank, or cashiers check issued by a U.S. bank, in favor of CARE. Said Bond is due within five (5) working days from date of freight fixture confirmation and failure to provide such performance bond within that time period may result in voiding of the contract. Bond will be released upon vessel's presentation for loading within the contracted Laydays. Bond will be liquidated if vessel fails to present within the Laydays. Under no circumstances is the performance bond to be considered as the maximum liability or liquidation of damages incurred due to a non-performance of the ship owner.
27. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 42.
28. Clean original bills of lading to be released immediately upon completion of loading along with copies of all required inspection documents.
29. If part cargo, any additional completion cargo (es) must be duly separated, must be compatible and non-injurious to Albania’s Section 416(b) wheat cargo (es), must be detailed in offer or approved by Charterers/USDA if conracted after fixture of albania’s Section 416(b) wheat cargo (es). Vessel itinerary and geographic proximity of completion cargo (es) will be taken into consideration by Charterer/USDA in approval of such part cargo (es) in order not to unduly impede delivery of Albania’s cargo (es) to discharge port(s).
30. Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.
31. 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.
32. A broker's commission is payable by owners on gross freight, dead freight and demurrage. Two-thirds (2/3) of two and one-half percent (2.5%) to be paid to Muller Shipping Corporation and one-third (1/3) of two and one-half percent (2.5%) to be paid to owner's broker if owner's broker involved in the fixture, or a full two and one-half percent (2.5%) to be paid to Muller Shipping Corporation if the vessel fixture is arranged without owner's broker.
33. Offers to be received by sealed letter, telex or telefax not later than 1200 hours Eastern Time Tuesday September 24, 2002 for validity 1700 hours Eastern Time Monday September 30, 2002. No phone or verbal offers will be accepted. CARE reserves the right to accept or reject any and all offers. Only offers which are responsive to the terms of the tender will be considered. No negotiation will be permitted.
If telex or telefax offers start printing prior to 1100 hours September 24, 2002 and continue printing past that time, offer will be considered as having been received on time. Late offers will not be considered or accepted.
Offers 'subject open' will only be considered when the 'subject open' restriction is lifted prior 1100 Eastern Time Wednesday September 25, 2002.
Both U.S. and foreign flag offers will be opened and read in public at the place and time specified.
Offers to be submitted to:
Muller Shipping Corporation Fax 516-256-7701
One Industrial Plaza, Bldg. E
Valley Stream, New York 11581
For information contact Juan R. Matute or Paul Blizzard at 516-256-7700.