Ethiopia Award08-048B
[FoodAid/FFP/images/ifb-header.html]
08-048B Ethiopia Award
December 18, 2009
Award Results - 08-048B
Cargo: 7,500 MT HRW
Combo: 18,000 MT HRW and 18,000 MT Sorghum (CRS Title II)
Laycan: January 515, 2010
Vessel: MV Liberty Glory, U.S. Flag
Owner: Liberty Glory Corporation
Loading: 1SB 1SP US Texas Gulf
Delivery: 1-3SB 1SP Djibouti
Freight: USD 104.89/MT (Free Out)
Additionals: USD 60,000 LS each add'l DD
Demurrage:
USD 30,000/HD PDPR at LP
USD 30,000/HD PDPR at DP
Laytime is non-reversible
08-048B Ethiopia Tender
December 1, 2009
Freight Tender
Ethiopia Food for Progress Program
Invitation for Bid 08-048B
December 1, 2009
Muller Shipping Corporation, New York, for and on behalf of ACDI/VOCA, requests
offers of U.S. and non-U.S. Flag geared vessels (U.S. Flag gearless vessels will
be considered provided Owners supply discharging equipment as needed) for the
carriage of Food for Progress program cargoes as per the following.
Cargo: Up to approximately 7,500 metric tons Wheat in bulk (one grade - HRW)
Laycan: January 5-15 or January 15-25, 2010
Loading: 1-3SB, 1-2SP, All USA Port Ranges
Discharging: 1-3SB 1SP Djibouti
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
Empty bags will accompany the grain and are to be carried freight free. Owners
will not be responsible for bagging the commodity at the discharge port,
however, Owners will be required to supply to receivers the necessary quantity
of Machine Needles and Machine Twine for bagging of the grain. Minimum
quantities required:
(a) Needles (D-5 Fischbine) 1-1/2 dozen
(b) Twine - (a) If 13/4 Ply polyester 150 lbs (or 20 lbs per 1,000 MT grain),
or If 12/4 Ply polyester 175 lbs (or 24 lbs per 1,000 MT grain)
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.
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 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:
- Towed Barges not workable. U.S. flag tweens, tankers and ITBs will be
considered. Non-U.S. flag vessels to be bulkers only.
- Non-U.S. flag vessels must not be older than twenty (20) years and must be
classed highest in Lloyd's Register or its' equivalent. Year of original
construction, not rebuilt date, to govern.
- 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 but not exceeding New
York market rates for U.S. flag vessels or London market rates for non-U.S. flag
vessels.
- Cargo shall not be loaded into deep/wing holds or tanks and other spaces which
are not bleedable or directly accessible to grab discharge.
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: If Vessel discharges at the Djibouti Bulk Terminal
and the terminals discharging equipment cannot be used, or if the vessel
discharges at a different berth, then Vessel must be capable of self-discharge
with vessels gear or Owner-supplied shore-side gear. Owners to provide at their
expense all necessary technical support, motive power/fuel to operate all
discharge gear and support equipment. Discharge gear provided by Owner/Vessel
shall be in good working order at all times and must be capable of maintaining
the guaranteed average discharge rate as specified elsewhere herein. Any time
lost as a result of insufficiencies of gear or breakdown of gear not to count as
Laytime or time on demurrage.
- Discharging equipment must meet all requirements and regulations of the
applicable port authorities.
- Opening and closing of hatches at loading and discharging 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 per MT for additional load/discharge ports, if used.
Freight rate quotations must provide per metric ton breakdown of rates (as
applicable) for: a) Ocean transportation; b) Cost of lightening.
5. The commodities covered by this tender must be fully segregated from any
other part cargoes. 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 Owners account. Any part cargo(es) shall be non-injurious
to ACDI/VOCA cargo and detailed in offer or approved by Charterers/USDA if
contracted after fixture of ACDI/VOCA cargo. Vessel itinerary and geographic
proximity of completion cargoes will be taken into consideration.
6. Vessel 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 USDA/FGIS, and the aluminum phosphide preparation must be
contained in packaging as described in the fumigation handbook. Dust retainers
must be used. For tween-deckers and bulk carriers (including push-mode ITB), the
recirculation method of fumigation 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 USDA/FGIS, 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 the certified applicator should be submitted with the offer.
7. 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 owners 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 bills(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. Time for
shifting into berth not to count as Laytime or time on demurrage.
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.
8. Owners to provide for vessel hold inspection certificate by the Federal Grain
Inspection Service/USDA (FGIS).
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.
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
Tankers:
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 MT and above 7,500 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. Despatch rates must be
one-half of demurrage rates quoted. 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 Charterers. Vessel owner is to prepare and submit signed discharge port
Laytime statement to Charterers , Receivers and to Muller Shipping Corporation,
New York, Fax: 516-256-7701/email cargo@mullershipping.com within twenty (20)
days of completion of discharge. Discharge port Notice of Readiness and
discharge port Statement of Facts, both signed on behalf of Receivers and vessel
owner are to be presented with signed discharge port Laytime Statement. 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 Receivers. Any/all disputes between vessel owners and the
Charterers 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.
11. Discharge Terms: Cargo to be discharged free of risk and expense to the
vessel (Free Out discharge) at the average rate of 2,000 MT (in tons of 2,204.6
pounds) per weather working day of 24 consecutive hours on the basis of the bill
of lading quantity. Time from 1200 hours Thursday or on a day preceding a
holiday until 0800 hours Saturday or the next working day following such a
holiday not to count even if used. The discharge guarantee shall not apply for
LASH/Seabee barges. If part cargo, Laytime to be pro-rated amongst all cargoes
discharging Djibouti. Any shifting necessary due to the vessels size or
configuration to be at Owners time, risk and expense.
Charterers/Receivers reserve the right to nominate agents at the load and
discharge port(s) to be appointed by Owners, with agency fees for Owners
account, but not to exceed customary applicable fees.
12. 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.
13. Freight Payment: In accordance with Food for Progress Program regulations,
freight will be paid by CCC/USDA on submission by owner of required documents
and Notice of vessels safe arrival at discharge port issued by Charterers or
their agents. In event owner has not paid the carrying/interest charges if any,
CCC/USDA will have the right deduct same from the ocean freight.
14. On completion of Loading Master and or owner and or agent to send a Sailing
Notice to Charterers agent, Muller Shipping Corporation, New York, Fax:
516-256-7701/email cargo@mullershipping.com. Said notice to state vessel name,
flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading
date, ETA Djibouti and any ports of call before Djibouti, and loaded draft of
vessel ETA Djibouti.
15. Transshipment is not permitted.
16. 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.
17. Both U.S. and foreign flag offers that are responsive to this tender will be
considered, with no negotiation permitted.
18. Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry
U.S. or Foreign Flag shipments.
19. Payment of one-hundred percent (100%) of freight will be paid directly to
the carrier by the USDA upon confirmation by the cooperating sponsor of vessel
arrival at the first or sole discharge port, subject to terms and conditions of
governing charter party clause 27.
20. 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.
21. 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. Owners warrant that vessel offered is free from any liens and/or
encumbrances.
23. 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.
24. Commission: 2.50 percent on gross freight, deadfreight and demurrage is
payable to Muller Shipping Corporation if vessel offered direct. If broker
involved then 2/3 of 2.50 percent is payable to Muller Shipping Corporation and
1/3 of 2.50 percent is payable to offering broker.
25. 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.
26. All other terms and conditions as per Proforma Charter Party, available upon
request.
27.Offers to be received by Muller Shipping Corporation by sealed letter, telex
or telefax not later than 1100 hours New York Time December 7, 2009 for validity
1700 hours New York Time December 10, 2009. No phone or verbal offers will be
accepted. ACDI/VOCA reserves the right to accept or reject any and all offers.
If telex or telefax offers start printing prior to 1100 hours December 7, 2009
and continue printing past that time, offer will be considered as having been
received on time. Late offers will not be considered.
Offers 'subject open' will only be considered when the 'subject open'
restriction is lifted prior to 1100 hours New York Time December 8, 2009.
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 further information contact Muller Shipping Corp. 516-256-7700 (New York)