22-13B Jamaica Tender
May 17, 2023
Fettig & Donalty, Inc. announces the following freight tender for account of ACDI/VOCA ,requests firm offers of U.S. and non-U.S. flag geared single-deck bulk grain vessels (U.S. flag gearless vessels will be considered provided Owners supply all necessary discharging equipment) for the carriage of commodities under the Food for Progress program.
IFB No.: 22-013B
Commodity Solicitation No. 2000009350
Freight Solicitation No 2000009351
- Up to approximately 4400 metric tons Soft Red Winter wheat in bulk
WBSCM SO: 5000856420
Discharging: 1 SB 1 SP Kingston, Jamaica
- Up to approximately 4400 metric tons Northern Spring/ Dark Northern Spring wheat in bulk
WBSCM SO: 5000856420
Discharging : 1 SB 1 SP Kingston, Jamaica
- Up to approximately 4400 metric tons Northern Spring/Dark Northern Spring wheat in bulk
WBSCM SO: 5000856428
Discharging: 1 SB 1 SP Georgetown, Guyana (National Milling Company of Guyana Inc/NAMILCO)
- Up to approximately 4400 metric tons Hard Red Winter wheat in bulk
WBSCM SO: 5000856428
Discharging: 1 SB 1 SP Georgetown, Guyana(National Milling Company of Guyana Inc/NAMILCO)
Above cargoes to be last in load first out discharge. If vessel is offering discharge for both Kingston and Georgetown, either port may be 1st out discharge with subsequent port to be 2nd out discharge.
Laycan: June 20-30, 2023
Loading: 1-2SB, 1-2SP, All USA Port Ranges
Load Terms: Scale Gross Load (see below)
Discharge: Free Out with Demurrage/Despatch (details below)
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 May 23, 2023. Only firm offers will be accepted.
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
All offers must remain valid through close of business U.S. Eastern time May 25, 2023 No phone offers or offers via e-mail will be accepted.
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.
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.
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 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.
Preference is for Jamaica Northern Spring to be separated by hold from Guyana Northern Spring. If vessel configuration does not allow separation then, Northern Spring wheat may be commingled provided they are of the same grade, same quality, and same supplier/load terminal.
Charterer/Receiver may require a Pre-Shipment Inspection (PSI) per Jamaica, Guyana import regulations. Said PSI shall be arranged and paid for by Charterer/Receiver, but Owner to permit the PSI inspector to access to the cargo during loading to obtain samples and perform necessary tests in order to issue PVoC
1. 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 rebuilt date. For U.S. flag vessels, there are no age restrictions. U.S. Flag tankers and tween deckers restricted. US flag ITB/ATB, tug/barges will be considered. On non-US Flag, only Bulk Carriers will be considered.
All performing vessel, including but not limited to daughter vessels need to be geared and able to discharge satisfactory at nominated discharge ports in Georgetown, Guyana (National Milling Company of Guyana Inc./ NAMILCO) and Kingston, Jamaica. US flag vessel may be non-geared and/or non-bulkers. In case US vessel/barge is not equipped with jib cranes of minimum 25 mt SWL and/or cranes which do not permit discharge with 8 cubic meter shore grabs into shore hoppers, the vessel/barge owner shall hire at vessel/barge owners’ 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: 1. Shore crane(s) not being immediately available upon the vessels arrival at the discharge port, and/or 2. The initial setup of the shore crane(s), and/or 3. Breakdown or maintenance of the shore crane(s) does not count as laytime or time on demurrage.
Non-U.S. flag vessel to be equipped with own cranes, i.e. vessel hold(s) where product is stowed to be discharged with vessel's own cranes, min capacity 25 MT SWL. Any time lost on account of the vessel crane(s) breaking down or requiring maintenance does not count as laytime or time on demurrage. Non geared U.S. flag vessels will be required to furnish all necessary discharge equipment to maintain the guaranteed discharge rate, at Owner’s expense, and when necessary provide all necessary operators and technicians for the equipment provided.
- Discharge gear provided by Owner/Vessel 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. The first opening and last closing of hatches at each discharge ports shall be at the Owners' expense. All other hatch operations at discharge ports for receiver’s time, risk and expense. If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.
Without guarantee, as guidance only. The assigned discharge berth will have a minimum SWAD of 8.9 meters, a maximum SWAD of 9.7 meters and maximum LOA of 150 meters at berth one, and 180 meters on most other berths. All time lost and all extra expenses resulting from vessel’s LOA exceeding 180 meters or vessel’s arrival draft exceeding 8.9 meters SW are for the account of the vessel owners. All the info supplied not limited to SWAD and LOA are given guidance only, vessel owner/operators are to satisfy themselves of all restrictions at the port of Kingston, Jamaica.
Draft: Subject to Demerara River water levels
LOA: up to 140 meters
Beam: up to 25 meters
Airdraft: no restrictions.
All the info supplied not limited to SWAD and LOA are given guidance only, vessel owner/operators are to satisfy themselves of all restrictions at the port of Georgetown, Guyana.
Above as guidance only and without guarantee and vessel owner to check and satisfy themselves to the prevailing restrictions at suitable berths available for discharging grain for intended vessel type. 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.”
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 National cargo Bureau (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.
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. 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.
4. Other than as stated above in commingling of ACDI/VOCA Northern Spring/Dark Norhtern Spring wheat. - For any completion cargoes, of food commodities only, even if same grade and quality of wheat, it must be duly separated by vessel Owner, at Owner’s risk time and expense Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. If Kobe separation used, Owner must construct the separation so that fumigation of the cargo is effective and the separation/ stowage must be approved by the National Cargo Bureau (NCB), and separation plan pre presented and preapproved by the Mombasa port and terminal authorities in writing all at Owner’s time, risk and expense
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 ACDI/VOCA cargo. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.
5. 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 final loading port, 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 intransit 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 16, 2023, are full incorporated herein, which includes Fumigation Protocols for Bulk Cargo https://procurement.usaid.gov/node/8123
6. Lightering at Disport: Owners are responsible for vessel arriving at the discharge port within allowable draft. Lightening is permitted at vessel Owner’s time, risk, and expense. Lightening (if applicable) must be performed in the territorial waters of the country of the discharge port. Lightening daughter vessel must be single deck bulk carriers meeting port’s vessel restrictions. If the cargo is lightened using Vacuvators from mother vessel to daughter vessels, Vacuvators cannot be used again to discharge the daughter vessel(s). Daughter vessel must be classed highest in Lloyds or equivalent and certified fit for receipt and carriage of bulk cargo under this charter party by first class independent surveyor. If full lightening performed then, each daughter vessel, after completion of lightening operations applicable to that vessel, must tender its Notice of Readiness to discharge to consignees/receivers of their agents during regular business hours (as per (11) below) and laytime shall commence at 0800 hrs. on next business day and prior time is not to count as laytime used. Laytime shall not count on daughter vessel(s) waiting for discharge berth while another daughter vessel is occupying the discharge berth. Laytime shall recommence on daughter vessel awaiting discharge berth once the daughter vessel at discharge berth has departed. If partial lightening performed then, after mother vessel has completed lightening operations and reached required safe arrival draft for the discharge port, the mother vessel may tender its Notice of Readiness to discharge to consignees/receivers or their agents during regular business hours (as per (f) above) and laytime shall commence at 0800 hrs on next business day and prior time used is not to count as laytime used.
7. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).
8. Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense.
9. 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
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. 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 calculations and settlement of demurrage and despatch with half despatch to apply and receivable by Buyer. This will be directly settled between Buyer and Vessel Owner. Neither Seller (ACDI/VOCA) nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. To the extent that ACDI/VOCA’s participating in such settlement discussions between Buyer and Vessel Owner would be beneficial, Fettig & Donalty is authorized to participate in such discussions on behalf of Seller, though Fettig & Donalty will have no liability resulting from such a settlement. Any disputes in settlement of laytime issues between Buyer and Vessel Owner, to be arbitrated in the State of New York under Society of Maritime Arbitrators, Inc. Any additional laytime terms shall be as per the governing Charter Party.
10. Discharge Terms: Kingston: The cargo is to be discharged by the Receivers free of risk and expense to the vessel (Free Out discharge) at the average rate of 2,600 MT of 2204.6 lbs. for Bulk Carriers per weather working days of 24 consecutive hours, Saturdays, Sundays, and official holidays (as per BIMCO holiday calendar) excluded, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity. 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.
The cargo is to be discharged by the Receivers free of risk and expense to the vessel (Free Out discharge) at the average rate of 1,400 MT of 2204.6 lbs. for Bulk Carriers per weather working days of 24 consecutive hours, Saturdays, Sundays, and official holidays (as per BIMCO holiday calendar) excluded, even if used (WWDSSHEX EIU) on the basis of the bill of lading quantity. 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.
11. Notice of Readiness: Notification of vessel’s readiness (NOR) to discharge must be tendered in writing by hand at the offices of the Receivers or their Agents between 08:00 and 17:00 hours local time Monday through Friday or 08:00 and 12:00 hours on Saturdays, Sundays and Holidays always excepted. Such Notice of Readiness shall be tendered when the Vessel is in the discharging berth, vessel, and shore cranes (if hired by owners) are in all respects ready to discharge Buyer’s cargo, and Buyer’s cargo is accessible. Only when the discharging berth is unavailable and always provided that any/all required lightering has been completed and buyers cargo is accessible, the Master may warrant that the Vessel is in all respects ready to discharge and may deliver Notice of Readiness to discharge in writing by cable, telex or facsimile from the customary anchorage to the Receiver or their Agents after free pratique has been granted, whether in berth or not (WIBON), whether in port or not (WIPON), whether customs cleared or not (WCCON).Time used for initial shifting into berth from anchorage or lay berth at each discharge port shall not count as Laytime, even if vessel is on demurrage. All time and expenses for subsequent shifting at discharge ports for receiver’s account and to count as Laytime, except if shifting is necessary due to vessel size, type, or configuration or on the order of the harbor master.
Laytime: Laytime will commence at 0800 hours (local time) on the next working day after the NOR, as per the Governing Charter Party, has been tendered, WCCON, WIFPON, WIPON, WIBON, even if discharging commences earlier. Shifting from customary waiting place at port anchorage to discharge berth to be for vessels account and time not to count as laytime.
All other time and expenses used in the Vessel shifting from one anchorage or berth or place of cargo operations to another are for the Receivers/Buyer’s account and will count as laytime, even if such Vessel shifting was ordered by the relevant authority at the discharge port. Any shifting and associated laytime as a result of vessel and/or vessel owner’s inability to allow Receivers/buyers to access cargo will be for Owners account.
Only when the discharging berth is unavailable and always provided that any/all required lightering has been completed and buyers cargo is accessible, the master may warrant that the vessel is in all respects ready to discharge and tender the NOR from the customary anchorage, Whether in port or not (WIPON), whether in berth or not (WIBON), whether in free pratique or not (WIFPON), whether customs cleared or not (WCCON). Laytime shall commence at 08:00 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.
If the discharging berth is unavailable the master may warrant that the vessel is in all respects ready to discharge and tender the NOR from any usual waiting place, Whether in Port or not (WIPON), Whether in Berth or not (WIBON), Whether in Free Pratique or not (WIFPON), Whether Customs Cleared or not (WCCON).Laytime shall commence at 08:00 hours on the next working day if NOR is validly tendered. Time used before commencement of laytime shall not count.
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 Owners’ vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine, strikes, 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.
Laytime not to count for the time taken in opening/closing of vessel hatches.
12. Owner's to appoint and pay for charterers' nominated agent at discharge port and pay said agent a fee which is not to exceed usual and customary levels. Intended agents are:
Jamaica: Jamaica Freight and Shipping Co. Ltd, 80-82 Second Street Port Bustamante, Kingston 13, Jamaica, W.I. Andrew Swaby, tel: 876 656-8629 & 876 656-8864, cell: 876 577-3527, email: Andrew.email@example.com, firstname.lastname@example.org, www.jashipco.com
Guyana: John Fernandes Ltd. 24 Water Street, Georgetown, Guyana, tel: 592 227-3344/ 3350/ 3363, mobile: 592 624-8927
Pic: Mark Daniels, Mobile 592 623 1157
Email: email@example.com, firstname.lastname@example.org
All customary port expenses for the vessel are for the account of the vessel owner .
13. 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”.
14. 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 Mombasa and any ports of call en route, and loaded draft of vessel ETA Mombasa.
15. Transshipment is not permitted.
16. 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. 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
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 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.
18. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.
19. 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. 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.
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
24. 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
25. Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable to Fettig & Donalty, Inc.
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. 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: May 17, 2023