22-022B - Colombia | USDA Foreign Agricultural Service

IFB #:

22-022B

Tender Date:

03/22/2024 - 12:00 pm

Award Date:

05/02/2024 - 12:00 pm

Award Flag:

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PVO:

National Cooperative Business Association (NCBA CLUSA)

Agent:

BKA Logistics

Program:

Food for Progress

22-022B Colombia Award

May 2, 2024

AWARD NOTICE

USDA Ref: NCBA/CLUSA Partial Freight Re-Tender IFB22-022B April 24 2024

Commodity: Bulk Soybean Meal to Colombia May 20-30 2024

Cargo MT : 21,000 MT Min/Max as part cargo for NCBA/CLUSA

For total cargo of 30,000 Metric Tons Bulk Soybean Meal as follows:

In addition, the vessel will be carrying, under separate charter parties following cargoes:

1,250 MT Soybean Meal in bulk for Technoserve Inc. (TNS).
4,750 MT Soybean Meal in bulk for ACDI/VOCA.
3,000 MT Soybean Meal in bulk for IESC.

Load port: 1 to 2 safe berths, 1 to 2 safe U.S. Gulf ports. Intention (G-NO-WAG)

Laydays: May 20-30, 2024

Discharge port: One safe Berth, One safe port Barranquilla, Colombia.

Terms: Load and Discharge Terms as per Freight IFB.

Owners: Reliance Bulk Carriers LLC.

Vessel Name: M/V YANGTZE GRACE, Bulk Carrier , Flag Hong Kong.

Freight Rate: Basis total cargo of 30,000 Metric Tons the Ocean Freight Rate is:

USD 28.30 PMT basis loading one safe berth, one safe port USGulf (G-NO-WAG) to one safe discharge berth, one safe port Barranquilla, Colombia.

Demurrage/Despatch:

At load port: Demurrage USD 14,000.00 pdpr/ Despatch USD 7,000.00 pdpr..

At discharge port: Demurrage USD 10,000.00 pdpr/ Despatch USD 5,000.00 pdpr.

Otherwise as per terms and conditions of NCBA/CLUSA Partial Freight Re-Tender

IFB# 22-022B dated April 24, 2024, and NCBA/CLUSA Charter Party Proforma.

End.

22-022B Colombia Partial Retender

April 24, 2024

Partial Freight Re-Tender: NCBA/CLUSA, Bulk Soybean Meal, Colombia.

IFB No.: 22-022B

Date: April 24, 2024

BKA Logistics LLC, for and on behalf of Cooperative League of the USA (CLUSA)

d.b.a. National Cooperative Business Association (NCBA/CLUSA), as Charterer,

requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybean Meal

in bulk, under the Food for Progress program on the following basis:

BKA Ref: F24-0031

Sales Order No.: 5000905029

Agreement No.: FCC-527-2022/001-00

Commodity Solicitation No.: 2000009978

Commodity award has already been made by USDA.

Freight offers are due no later than 1100 hours EDT April 29, 2024.

Freight offers are to remain valid until 1700 hours EDT April 30, 2024.

Only firm offers that are responsive to the terms of this IFB will be considered and no

negotiations will be permitted.

Submission of freight offers:

Offers are to be submitted outside of WBSCM. All carriers are required to submit offers

electronically, by the due date and time, for the cargoes advertised by this IFB directly by

email to the following:

mark.millard@bkalogistics.net

rsingh@bkalogistics.net

All proposals will be evaluated on the rates submitted.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, One

Safe Berth, One Safe Port Barranquilla, Colombia.

Freight payment: Freight payment shall be processed through the WBSCM system and

paid by USDA. Instructions for the freight payment procedures through WBSCM are

available from:

BKA Logistics LLC – Email: mark.millard@bkalogistics.net or rsingh@bkalogistics.net

1) Cargo / Laydays:

BKA Ref: F24-0031 / 21,000 MT Soybean Meal in Bulk / May 20-30, 2024.

Offerors are encouraged to offer the above Charterer’s cargo in combination with

TechnoServe (TNS), ACDI, and IESC cargoes issued under separate freight IFBs.

The TNS, ACDI, and IESC cargoes of Soybean Meal in bulk can be commingled,

provided they are of the same grade and quality, loaded by the same supplier, at the

same load terminal under the same purchase order.

Contracted quantities will be on min/max basis.

If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly

separated, must be compatible and non-injurious to charterer’s cargo, and must be

detailed in offer or approved by CHARTERER/USDA if contracted after fixture of

CHARTERER’s cargo. Vessel’s 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 CHARTERER’s cargo to

discharge port(s).

Other than the above NCBA, TNS, ACDI and IESC cargoes, any such completion

cargoes, even if same grade and quality of CHARTERER cargo must be duly separated

by owner, at owner’s risk time and expense. Separation to be by vessel’s natural

segregation or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s

time, risk and expense. 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), all at Owner’s time, risk and expense.

Charterer’s cargo to be the first port of discharge after vessel completes loading and

sails from the U.S. load port(s).

2) Laydays: May 20-30, 2024. Offers submitted under this invitation are required to

have a cancelling date no later than the last date of the laydays as stated above.

Vessels which are offered with a cancelling date beyond the laydays specified above will

not be considered.

3) Vessel Load Preadvice Notice: Owners to provide Fourteen (14) day preadvice of

vessel readiness to load. Preadvice notice must be received at the office of BKA

Logistics prior to 1100 hours Washington DC time on regular business day to be

considered received on that day. If preadvice is received later than 1100 hours

Washington DC time on regular business day or on weekends / holidays then preadvice

notice will be considered received on the next business day. In addition to sending

preadvice notice to BKA, as above, owner must also provide copy of their preadvice

notice to USDA / AMS Bulk Commodities Division, Email: carol.buchanan@usda.gov and justin.martinek@usda.gov.

4) Load Port(s): 1 to 2 safe berths each 1 to 2 safe port(s) any U.S. Gulf. Intention is

G-NO-WAG to be reconfirmed upon receiving the 14 days Pre-advice Notice of vessel

ETA Load port. Supplier is ADM Company.

5) Load terms: Cargo to be loaded according to berth terms with customary despatch at

the average rate as provided below based on vessels contracted quantity. The rates are

basis tons of 2204.6 pounds per weather working day of 24 consecutive hours,

Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU). Any

Stowing and/or trimming to be for Owner’s account.

Bulk carriers:

Vessel contracted Quantity Loading guarantee

0 – 9,999.99 MT 4,000 MT per day

10,000.00 – 19,999.99 MT 5,000 MT per day

20,000.00 – 29,999.99 MT 6,000 MT per day

30,000.00 – 39,999.99 MT 7,500 MT per day

40,000.00 – 49,999.99 MT 10,000 MT per day

50,000.00 MT and above 12,000 MT per day

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

No load guarantee for Lash / Seabee barges.

Prior to tendering the Notice of Readiness, the vessel must pass USDA FGIS stowage

examination inspection and NCB Load Readiness inspection. Charterer requires and

owner to provide the original USDA FGIS Vessel Stowage Examination certificate and

NCB load readiness certificate and not worksheets.

NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export

Verification of Conformity (PVoC). Said PSI or PVoC shall be arranged and paid for by

Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect

vessel holds and witness the loading.

Further Charterer/ Receiver may require samples of commodity to be drawn as loaded

on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/

receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel

and take the said samples from the vessel’s holds.

The bulk cargo shall not be loaded into deeptanks, bunker and bridge spaces, wing

spaces or ends of tweendecks or other intervening spaces where cargo cannot bleed

into centerholds where cargo is directly accessible to grab discharge. Any time used for

discharge of the cargo from such places shall not count as laytime or time on

demurrage.

6) Discharge port: One safe Berth, One safe port Barranquilla, Colombia.

7) Discharge Port/Berth Vessel Restrictions: Charterer/Receiver advise without

guarantee following vessel restrictions:

LOA Maximum 200 Meters. Draft Maximum 9.70 Meters Fresh Water.

8) Lightening: Owners are responsible for vessel arriving at the discharge port within

allowable draft. Lightening is permitted. 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. Vacuvators must

not be used. 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 Clause 9 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 Claus 9 below) and laytime shall

commence at 0800 hours on next business day and prior time used is not to count as

laytime used.

9) Discharging Terms: The cargo is to be discharged by the Buyers free of risk and

expense to the vessel (Free Out discharge) at the average rate of 4,000 MT of 2204.6 lbs.

for bulk carriers and 1000 MT of 2204.6 lbs. for tween/Multi deckers per weather working

days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, 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 holiday) shall not count against laytime, even if used.

Notice of Readiness: Notification of vessel’s readiness (NOR) to discharge must be

provided to the buyer or its agent within the period of 0900 hours to 1700 hours

Barranquilla time, Monday through Friday (except holidays) and within the period of 0900

hours to 1200 hours on Saturdays (Sundays and Holidays excluded), whether the vessel

has been customs cleared or not (WCCON); whether vessel has been granted Free

Pratique or not (WIFPON); whether the vessel is in port or not (WIPON), whether the

vessel is in berth or not (WIBON). Laytime to commence at 0800 hours on the next working

day after the NOR has been tendered, WCCON, WIFPON, WIPON, WIBON. At the

vessel’s option the NOR may be tendered in writing by cable, telex, facsimile or email.

Furthermore, at the vessel’s option, the NOR may be tendered if the vessel is at anchorage

waiting for a berth.

Laytime: Waiting time (inside or outside commercial port limits) for anchorage or berth

will count as 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.

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 Owner’s vessel waiting for the berth to become available is on demurrage. Any

delays caused by floods, quarantine or by cases of Force Majeure shall not count as

laytime unless the vessel is already on demurrage. When master has tendered notice of

readiness to discharge from a waiting place and vessel is subsequently found unready in

application of the above provisions, laytime or time on demurrage shall not count from the

time the vessel is rejected until the time she is accepted. Any time lost shifting from waiting

place to berth shall not count as laytime or as time on demurrage, unless vessel already

on demurrage. Once on demurrage, always on demurrage.

Furthermore, at the vessel’s option, NOR may be tendered if I ithe vessel is at anchorage

waiting for berth. Waiting time (inside or outside commercial port limits) for anchorage

or berth will count as laytime.

10) Laytime is non-reversible.

11) Stevedores: At load port owner to appoint and pay for stevedores. At discharge port

charterer/receivers to appoint and pay for stevedores.

12) Vessel Agents: At load port owner to appoint and pay for vessel’s agent.

Charterer/receiver shall nominate the vessel’s agent at the discharge ports, whom owner

will appoint and pay, which is not to exceed usual and customary levels.

13) Bills of Ladings: The ocean carrier shall release set(s) of clean on board ocean

Bills of Lading, to Charterer's freight forwarder promptly upon completion of loading of

each commodity supplier's cargo. Said Bills of Lading to be sent by courier to

Charterer’s freight forwarder at owner’s expense. The total tonnage loaded maybe split

in multiple sets of Bills of Lading consigned to different receivers.

Said Bills of Ladings shall be marked “Freight Payable as per Charter Party” and may

also be required to be “to Order”.

The commodities will be loaded and shipped in bulk with the quantity determined by the

Official Grain Weight Certificate issued by USDA/FGIS or USDA approved Surveyor, on

completion of loading. Bill of Lading quantities and freight charges will be based upon

the Official Grain Weight Certificate(s) figures. Claims or demands for freight amounts

that exceed the aforementioned Bill of Lading weights will not be considered.

Upon Vessel's arrival at discharge port(s) delivery will be allowed by the Owner's local

Agent against Charterer's or Charterer’s nominated Receivers’ letter(s) of indemnity in

lieu of the original Bill of Lading, if same is not received in time.

14) Demurrage / Despatch are applicable at load and discharge ports. Owners are to

specify their demurrage/despatch rates in their offer, despatch rates must be one-half of

demurrage rates as quoted.

Detention charges if claimed:

In the event of any occurrence, happening or circumstances giving rise to a claim by

Owners for detention or deviation, the charter’s daily load port 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.

15) Load Port Laytime: At load port (s) Laytime accounts are to be settled directly

between owners and commodity supplier(s). Laytime calculation, overtime and trimming

to be in accordance with addendum no 1 of the North American Export Grain

Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive

(hereinafter referred to as NAEGA) regardless of vessel type. Further, the following

modifications to NAEGA will apply anywhere the word “buyer” appears, the words

“vessel owner” is to be substituted. Under no circumstance shall charterers or

USDA/CCC be responsible for resolving disputes involving the calculations of laytime or

the payment of demurrage or despatch between the vessel owner and commodity

supplier. Any/all disputes between vessel owner and supplier arising out of the contract

relating to the settlement of laytime issues shall be arbitrated in New York in accordance

with the Int’l Arbitration rules of the American Arbitration Association.

16) Laytime Calculations and Settlement of Demurrage/Despatch at discharge

port. Demurrage/despatch rates are determined per the relevant Charter Party. Laytime

calculations and settlement of demurrage and despatch will be directly between Receivers

and Vessel Owner. Neither Charterer nor USDA will be responsible for settling matters

of laytime calculation or settlement of demurrage/despatch. Any disputes in settlement

of laytime issues between Receiver 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.

Any demurrage incurred at the discharge port is for the Buyer’s/Receiver’s account at

the rate stipulated in the Charter Party. Despatch is payable by vessel Owner to the

Buyer/Receiver at one half of the demurrage rate, as per the governing Charter Party.

17) Vessel Type Restrictions: On US Flag, geared or gearless Single Deck Bulk

Carriers including ITB/ATB tug/barges, Tween/Multi deckers will be considered. Tow

tug/barges and Tankers are prohibited. On non-US Flag, only Single Deck Bulk Carriers

will be considered.

USDA requests performing vessels to have a RightShip safety rating of minimum 3

stars.

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. The Vessel(s) shall be

suitable for the transport of the Purchased Commodities and for discharge at

Barranquilla, Colombia.

18) Extra Insurance: 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 Charterer/Receiver 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, Vessel Owner to provide, at time of the

offer, such information and certifications for verification to negate any extra insurance

premiums.

19) Vessel Gear Requirements: Vessel will be capable of self-discharge with vessel’s

or owner supplied marine legs or shoreside gear. Cargo discharge by gears will be with

grabs. Vacuvators are not acceptable (including for lightening, if applicable). Vessel

owners to supply grabs and all necessary discharging gear (cranes and or swinging

derricks with minimum 9.8 MT S.W.L. capacity suitable for clamshell discharge and

including clamshells) in good working order and in sufficient number to permit

Charterers/Receivers to effect discharge of the vessel at the guaranteed rate of discharge.

For vessel offering marine legs as discharge equipment owners to provide all necessary

fuel, technicians and motive power to operate the marine legs and maintain the discharge

rate agreed upon. For all owner provided discharge equipment owners to provide at their

expense all necessary motive power/fuel to operate all discharge gear. Time used for

assembling or preparing owner-supplied equipment, or any time lost as a result of

insufficiencies of gear or breakdown of gear not to count as laytime or time on demurrage.

Any shore gear required for discharging or lifting in/out of equipment must be furnished at

owner’s risk and expense. Gear provided by vessel must also be capable of lifting

equipment necessary for trimming and breaking up any caked soybean meal in/out of the

holds.

Discharging equipment must meet all requirements and regulations of the applicable port

authorities.

U.S. Flag gearless vessels will be considered provided owner provides appropriate gear

to discharge the cargo at the Charter Party agreed discharge rate.

Pneumatic discharge is not permitted.

The said gear provided by owner must meet all requirements of the Receivers and the

discharge port authorities.

Any time lost as a result of breakdown of Owner provided gear and or discharge

equipment to be excluded from laytime used.

If vessel is not capable of meeting discharge rate as stated above in Clause 9 above,

then port authority, at their discretion may require vessel to leave the berth. In such

case, any delays, shifting costs or additional expense will be solely for Owner’s account.

20) Shifting: Shifting from customary waiting place at port anchorage to discharge berth

to be for vessel’s 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 Buyer’s/Receiver’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 to access cargo will be for vessel owners

account and time.

21) Hatches: Opening and closing of hatches at loading ports shall be performed by the

vessel's crew at the Owners' expense.

Opening and closing of hatches at loading ports shall be performed by the vessel's crew

at the Owners' expense.

Time lost whilst hatches are closed due weather conditions, even if due to the threat of

bad weather, said time shall not count as laytime used or time on demurrage.

If vessel is not equipped with hydraulic or mechanical hatch covers, owners are to

provide rain tents for all hatches.

22) Hatch Securing Survey Report: 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 secured to prevent any outside water from entering

the cargo spaces. Cost of securing and special survey are for account of Owner and in

no way diminishes Owner’s liability and responsibilities toward the cargo. Copy of this

NCB Hatch Securing Report will be required for the freight payment.

Said Reports to state the Seal Numbers.

23) Dues and Taxes: At the Load Port -Any dues and/or taxes on cargo and/or freight to

be for Charterers' account, and any dues and/or taxes on vessel (including normal port

dues and services and facilities charges) to be for Owners' account.

At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account,

and any port dues, fees and/or taxes on vessel (including normal port dues and services

and facilities charges) to be for Owners' account.

24) Fumigation: Vessel will be fumigated with an Aluminum Phosphide preparation

in-transit, in accordance with USDA/FGIS Handbook revised July 10, 2020 and any

subsequent revisions to said handbook. At final loading port, commodity supplier

will arrange and pay for in-transit fumigation performed by a certified applicator.

Fumigation will 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/multi-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.

USDA FAS Notice to the Trade “Bulk Vessel Fumigation with Phosphine”, dated

February 3, 2023, and USAID Notice to the Trade “Bulk/Breakbulk Vessel

Fumigation with Phosphine-Revised”, dated February 1, 2024, are full

incorporated herein, which includes Fumigation Protocols for Bulk Cargo.

The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation

materials used for intransit fumigation shall be for Buyer’s/Receiver’s time, risk, and

expense and time used to count as laytime.

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, said

fumigation costs are for owner's (vessel's) risk and expense and the time used shall not

count as laytime or time on demurrage.

25) Vessel Substitution: Offers of only named vessels will be considered. No vessel

substitution is permitted without Charterer /USDA approval.

26) ISM/ISPS: Owner warrants, represents and undertakes that the Vessel complies

fully with all the requirements of the International Safety Management (ISM) code and

the International Code for the Security of Ships and of port facilities and the relevant

amendments to Chapter XI of Solas and all amendments from time to time in force

(ISPS Code) and where the Load Port or Discharge Port is within the USA and US

territories or waters, with the US Maritime Transportation Security Act 2002 (MTSA).

Upon request, Owner shall, inter alia, provide the relevant International Ship Security

Certificate (ISSC).

Notwithstanding any prior acceptance of the Vessels by Charterer, if at any time prior to

or during the vessels stay at the Discharge Port the vessel is found not to be compliant

with the ISPS Code or the MTSA or ceases to be so, Charterer/ Receiver shall have the

right not to berth such nominated vessel and any and all damages/costs/expenses

including, but not limited to, demurrage, carrying charges, levies or taxes shall be for the

account of the Owner. Owner shall, accordingly, be obliged to substitute such nominated

vessel with a vessel complying with the requirements of the ISPS Code or the MTSA.

Charterer/ Receiver hereby warrants that, inter alia, Discharge Port / facility is fully ISPS

Code and MTSA compliant having a port Facility Security Plan (PFSC). Upon request,

Charterer/ Receiver to provide written proof thereof prior to discharge. Any and all

damages/costs/expenses incurred by the Vessel including, but not limited to, demurrage,

damages for detention or otherwise, along with any additional charge, fee or duty levied

on the Vessel at the Discharge Port resulting directly from the failure of the discharging

port/terminal/installation to comply with the ISPS code or the MTSA will be for the

Receiver’s account.

27) Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383

(46 USC, Paragraph 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

government impelled (preference) cargo, offeror must warrant that vessel(s) and

operator/owner are not disqualified to carry such cargo(es).

28) Provisions for U.S. Flag Vessels:

a) Approved U.S. flag rates will be reduced to a level no higher than the Maritime

Administrations fair and reasonable rate in the event that approved vessel is substituted

by a lower cost vessel to the U.S. government (including tug and/or barge).

b) For U.S. flag vessels loading less than a full cargo, the less than full cargo rate will be

subject to a reduction to meet any revised Maritime Administration freight rate guideline

due to vessel loading other additional cargo.

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.

29) U.S. flag Offers will not be considered if the vessel operator has not provided the

Maritime Administration with the vessels costs prior to submission of offer.

One-way rates must be quoted in addition to round trip rates for U.S. flag non-liner

vessels whose date of original construction exceeds 15 years from date of fixture.

30) Offered Vessel Information; Offerors are required to provide the following

information: Vessel name / type / flag / year built / class / LOA / beam / DWT / draft /

gear (if any) / ETA at load and discharge ports /full style of owners. Vessels must be in

class at time of the offer and during the voyage.

31) Freight Rates: Freight rates are to be quoted in U.S. Dollars per metric ton basis

one loading berth, one loading port to one safe berth Barranquilla, Colombia, plus

additional freight (if any) per metric ton on entire cargo for each additional load berth,

load port if used.

All proposals will be evaluated on the rates submitted. Free form remarks are not

evaluated and are for informational purposes only and to cover optional ports, optional

discharge rates, etc.

For evaluation offerors to enter Ocean Transport charges basis Free Out , one (1) safe

berth Barranquilla, Colombia.

32) Transshipment: Transshipment is not permitted

33) COVID 19: 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

receiver’s personnel, 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/receiver’s account and time.

34) Right to Accept/Reject Offer: Charterer reserves the right to accept or reject all

offers.

35) Commission: 1.67 percent on gross freight, deadfreight and demurrage is payable

to BKA Logistics LLC.

36) Charter Party: Otherwise, subject to terms and conditions of Charterer,

NCBA/CLUSA, Charter Party Proforma.

37) Offer Due/Valid: Offers to be submitted outside of WBSCM, via email as stated

above, no later than 1100 hours EDT USA on April 29, 2024. Only offers which are

responsive to this IFB will be considered and no negotiation is permitted. Only firm offers

will be considered. Offers are to remain valid until 1700 hours EDT April 30, 2024.

Fixtures resulting from this tender are subject to approval Charterers/USDA.

For further information regarding this specific tender contact:

BKA Logistics LLC, 1629 K Street NW, suite 500, Washington DC 20006.

Phone: 202-331-7395

Email: mark.millard@bkalogistics.net / Email: rsingh@bkalogistics.net.

END.

22-022B Colombia Award

April 18, 2024

AWARD NOTICE

NCBA/CLUSA Freight IFB22-022B for Soybean Meal to Colombia May 10-20 2024

On behalf NCBA/CLUSA , Charterer, BKA Logistics is pleased to announce the following freight award:

Charter Party Date April 16, 2024.

Owners: Reliance Bulk Carriers LLC.

Vessel Name: M/V DEEP BLUE, Single Deck Bulk Carrier

Class BV/ Flag Marshall Islands/ Built 2012.

37,196 MT DWAT on 11.00 M SSW; LOA:186.40M; Beam 27.0M;

5 Holds / 5 Hatches; Cranes 4 X 30 Metric Tons.

USDA requests performing vessel to have a RightShip safety rating of minimum 3 stars.

Cargo: A total cargo of 30,000 Metric Tons Bulk Soybean Meal as follows:

For NCBA/CLUSA 21,000 MT Min/Max bulk Soybean Meal.

In addition, the vessel will be carrying, under separate charter parties following cargoes:

1,250 MT Soybean Meal in bulk for TNS.
4,750 MT Soybean Meal in bulk for ACDI/VOCA.
3,000 MT Soybean Meal in bulk for IESC.

Laydays: May 10-20, 2024

Load port: 1 to 2 safe berths, 1 to 2 safe U.S. Gulf ports. Intention (G-NO-WAG) to be reconfirmed at time of receiving the 14 days Pre-advice Notice of vessel ETA Load port.

Loading terms: Berth Terms at average rate of 7,500 MT per WWDSSHEXEIU. Further details per TNS IFB.

Discharge port: One safe Berth, One safe port Barranquilla, Colombia.

Discharging terms: The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 4,000 MT of 2204.6 lbs. per weather working days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, 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 holiday) shall not count against laytime, even if used. Further details per TNS IFB.

Freight Rate: Basis total cargo of 30,000 Metric Tons the Ocean Freight Rate is:

USD 30.00 PMT basis loading one safe berth, one safe port USGulf (G-NO-WAG) to one safe discharge berth, one safe port Barranquilla, Colombia.

USD 75,000.00 Lumpsum for extra discharge berth / shift.

For each additional load port, if used, add lumpsum USD 450,000.00

For each additional load berth, if used, add lumpsum USD 300,000.00

Demurrage/Despatch: At load port and discharge port:

Demurrage USD 10,000.00 per day or prorate.

Despatch USD 5,000.00 per day or prorate.

Otherwise as per terms and conditions of NCBA/CLUSA Freight Tender

IFB#22-022B dated March 22, 2024, and NCBA/CLUSA. Charter Party Proforma.

End.

22-022B Colombia Tender

March 22, 2024

Freight Tender: NCBA/CLUSA, Bulk Soybean Meal, Colombia.

IFB No.: 22-022B

Date: March 22, 2024

BKA Logistics LLC, for and on behalf of Cooperative League of the USA (CLUSA) d.b.a. National Cooperative Business Association (NCBA/CLUSA), as Charterer, requests firm offers of U.S. and non-U.S. flag vessels for the carriage of Soybean Meal in bulk, under the Food for Progress program on the following basis:

BKA Ref: F24-0030

Sales Order No.: 5000904790

BKA Ref: F24-0031

Sales Order No.: 5000905029

Agreement No.: FCC-527-2022/001-00

IFB No: 22-022B

Commodity Solicitation No.: 2000009978

Freight Solicitation No.: 2000009979

Freight offers are due no later than 1000 hours CDT (1100 hours EDT) March 27, 2024. Freight offers are to remain valid until 1700 hours EDT March 29, 2024.

Only firm offers that are responsive to the terms of this IFB will be considered and no negotiations will be permitted.

Submission of freight offers:

All carriers are required to submit offers electronically, by the due date and time, for the cargoes advertised by this IFB via the U.S. Department of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the Invitation number(s) referenced above. All offers are subject to all requirements of WBSCM and of the afore-mentioned Invitation(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 E authentication 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

All proposals will be evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and are for informational purposes only and to cover optional ports, optional discharge rates, etc.

For evaluation, Offerors to enter Ocean Transportation charges basis Free Out, One Safe Berth, One Safe Port Barranquilla, Colombia.

Freight payment: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:

BKA Logistics LLC – Email: mark.millard@bkalogistics.net or rsingh@bkalogistics.net

1) Cargo / Laydays: Up to total 42,000 Metric Tons in two lots as follows:

BKA Ref: F24-0030 / 21,000 MT Soybean Meal in Bulk / May 10-20, 2024.

BKA Ref: F24-0031 / 21,000 MT Soybean Meal in Bulk / May 20-30, 2024.

Offerors are encouraged to offer the above Charterer’s cargo in combination with TechnoServe (TNS), ACDI, and IESC cargoes issued under separate freight IFBs.

The TNS, ACDI, and IESC cargoes of Soybean Meal in bulk can be commingled, provided they are of the same grade and quality, loaded by the same supplier, at the same load terminal under the same purchase order.

Offerors should consider offering vessels to carry a range of tonnages in event that quantity purchased is more or less than the quantity stated.

Contracted quantities will be on min/max basis.

Maximum combined tonnage per shipment 30,000 Metric Tons.

Further, Offerors are encouraged to offer above Charterer’s cargo in combination with other USDA FAS and/or USAID Title II cargoes within the same laydays that maybe in the market under separate IFBs. But same completion cargoes must be duly separated as stated below.

If vessel is fixed basis Part Cargo - Any additional completion cargo(es) must be duly separated, must be compatible and non-injurious to charterer’s cargo, and must be detailed in offer or approved by CHARTERER/USDA if contracted after fixture of CHARTERER’s cargo. Vessel’s 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 CHARTERER’s cargo to discharge port(s).

Other than the above NCBA, TNS, ACDI and IESC cargoes, any such completion cargoes, even if same grade and quality of CHARTERER cargo must be duly separated by owner, at owner’s risk time and expense. Separation to be by vessel’s natural segregation or otherwise by Kobe-type separation. Separation, if any, shall be at owner’s time, risk and expense. 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), all at Owner’s time, risk and expense.

Charterer’s cargo to be the first port of discharge after vessel completes loading and sails from the U.S. load port(s).

2) Laydays: First Lot May 10-20, 2024 and Second Lot May 20-30, 2024. Offers submitted under this invitation are required to have a cancelling date no later than the last date of the laydays as stated above. Vessels which are offered with a cancelling date beyond the laydays specified above will not be considered.

3) Vessel Load Preadvice Notice: Owners to provide Fourteen (14) day preadvice of vessel readiness to load. Preadvice notice must be received at the office of BKA Logistics prior to 1100 hours Washington DC time on regular business day to be considered received on that day. If preadvice is received later than 1100 hours Washington DC time on regular business day or on weekends / holidays then preadvice notice will be considered received on the next business day. In addition to sending preadvice notice to BKA, as above, owner must also provide copy of their preadvice notice to USDA / AMS Bulk Commodities Division, Email: carol.buchanan@usda.gov and justin.martinek@usda.gov.

4) Load Port(s): 1 to 2 safe berths each 1 to 2 safe port(s) any U.S. range. Mississippi River, including but not north of Port Allen to be considered as one port; Columbia River District including Portland to be considered as one port; San Francisco Bay area including Sacramento and Stockton to be considered as one port. For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

5) Load terms: Cargo to be loaded according to berth terms with customary despatch at the average rate as provided below based on vessels contracted quantity. The rates are basis tons of 2204.6 pounds per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used (WWDSSHEXEIU). Any Stowing and/or trimming to be for Owner’s account.

Bulk carriers:

Vessel contracted Quantity Loading guarantee

0 – 9,999.99 MT 4,000 MT per day

10,000.00 – 19,999.99 MT 5,000 MT per day

20,000.00 – 29,999.99 MT 6,000 MT per day

30,000.00 – 39,999.99 MT 7,500 MT per day

40,000.00 – 49,999.99 MT 10,000 MT per day

50,000.00 MT and above 12,000 MT per day

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

No load guarantee for Lash / Seabee barges.

Prior to tendering the Notice of Readiness, the vessel must pass USDA FGIS stowage examination inspection and NCB Load Readiness inspection. Charterer requires and owner to provide the original USDA FGIS Vessel Stowage Examination certificate and NCB load readiness certificate and not worksheets.

NB: Charterer/Receiver may require a Preshipment Inspection (PSI) or a Pre-Export Verification of Conformity (PVoC). Said PSI or PVoC shall be arranged and paid for by Charterer/ Receiver, Owner to permit the Preshipment inspector to board and inspect vessel holds and witness the loading.

Further Charterer/ Receiver may require samples of commodity to be drawn as loaded on to the vessel. Said sampling shall be done, arranged and paid for by Charterer/ receiver. Owner to permit Charterer/Receiver Sampling inspector to board the vessel and take the said samples from the vessel’s holds.

The bulk cargo shall not be loaded into deeptanks, bunker and bridge spaces, wing spaces or ends of tweendecks or other intervening spaces where cargo cannot bleed into centerholds where cargo is directly accessible to grab discharge. Any time used for discharge of the cargo from such places shall not count as laytime or time on demurrage.

6) Discharge port: One safe Berth, One safe port Barranquilla, Colombia.

7) Discharge Port/Berth Vessel Restrictions: Charterer/Receiver advise without guarantee following vessel restrictions:

LOA Maximum 200 Meters. Draft Maximum 9.70 Meters Fresh Water.

8) Lightening: Owners are responsible for vessel arriving at the discharge port within

allowable draft. Lightening is permitted. 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. Vacuvators must not be used. 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 Clause 9 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 Claus 9 below) and laytime shall commence at 0800 hours on next business day and prior time used is not to count as laytime used.

9) Discharging Terms: The cargo is to be discharged by the Buyers free of risk and expense to the vessel (Free Out discharge) at the average rate of 4,000 MT of 2204.6 lbs. for bulk carriers and 1000 MT of 2204.6 lbs. for tween/Multi deckers per weather working days of 24 consecutive hours, Saturdays, Sundays, and holidays excepted, 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 holiday) shall not count against laytime, even if used.

Notice of Readiness: Notification of vessel’s readiness (NOR) to discharge must be provided to the buyer or its agent within the period of 0900 hours to 1700 hours Barranquilla time, Monday through Friday (except holidays) and within the period of 0900 hours to 1200 hours on Saturdays (Sundays and Holidays excluded), whether the vessel has been customs cleared or not (WCCON); whether vessel has been granted Free Pratique or not (WIFPON); whether the vessel is in port or not (WIPON), whether the vessel is in berth or not (WIBON). Laytime to commence at 0800 hours on the next working day after the NOR has been tendered, WCCON, WIFPON, WIPON, WIBON. At the vessel’s option the NOR may be tendered in writing by cable, telex, facsimile or email. Furthermore, at the vessel’s option, the NOR may be tendered if the vessel is at anchorage waiting for a berth.

Laytime: Waiting time (inside or outside commercial port limits) for anchorage or berth will count as 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.

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 Owner’s vessel waiting for the berth to become available is on demurrage. Any delays caused by floods, quarantine or by cases of Force Majeure shall not count as laytime unless the vessel is already on demurrage. When master has tendered notice of readiness to discharge from a waiting place and vessel is subsequently found unready in application of the above provisions, laytime or time on demurrage shall not count from the time the vessel is rejected until the time she is accepted. Any time lost shifting from waiting place to berth shall not count as laytime or as time on demurrage, unless vessel already on demurrage. Once on demurrage, always on demurrage.

Furthermore, at the vessel’s option, NOR may be tendered if I ii the vessel is at anchorage waiting for berth. Waiting time (inside or outside commercial port limits) for anchorage or berth will count as laytime.

10) Laytime is non-reversible.

11) Stevedores: At load port owner to appoint and pay for stevedores. At discharge port charterer/receivers to appoint and pay for stevedores.

12) Vessel Agents: At load port owner to appoint and pay for vessel’s agent. Charterer/receiver shall nominate the vessel’s agent at the discharge ports, whom owner will appoint and pay, which is not to exceed usual and customary levels.

13) Bills of Ladings: The ocean carrier shall release set(s) of clean on board ocean Bills of Lading, to Charterer's freight forwarder promptly upon completion of loading of each commodity supplier's cargo. Said Bills of Lading to be sent by courier to Charterer’s freight forwarder at owner’s expense. The total tonnage loaded maybe split in multiple sets of Bills of Lading consigned to different receivers.

Said Bills of Ladings shall be marked “Freight Payable as per Charter Party” and may also be required to be “to Order”.

The commodities will be loaded and shipped in bulk with the quantity determined by the Official Grain Weight Certificate issued by USDA/FGIS or USDA approved Surveyor, on completion of loading. Bill of Lading quantities and freight charges will be based upon the Official Grain Weight Certificate(s) figures. Claims or demands for freight amounts that exceed the aforementioned Bill of Lading weights will not be considered.

Upon Vessel's arrival at discharge port(s) delivery will be allowed by the Owner's local Agent against Charterer's or Charterer’s nominated Receivers’ letter(s) of indemnity in lieu of the original Bill of Lading, if same is not received in time.

14) Demurrage / Despatch are applicable at load and discharge ports. Owners are to specify their demurrage/despatch rates in their offer, despatch rates must be one-half of demurrage rates as quoted.

Detention charges if claimed:

In the event of any occurrence, happening or circumstances giving rise to a claim by Owners for detention or deviation, the charter’s daily load port 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.

15) Load Port Laytime: At load port (s) Laytime accounts are to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum no 1 of the North American Export Grain Association’s FOB Contract No 2 (revised as of May 1, 2000) clause nos. 1-10 inclusive (hereinafter referred to as NAEGA) regardless of vessel type. Further, the following modifications to NAEGA will apply anywhere the word “buyer” appears, the words “vessel owner” is to be substituted. Under no circumstance shall charterers or USDA/CCC be responsible for resolving disputes involving the calculations of laytime or the payment of demurrage or despatch between the vessel owner and commodity supplier. Any/all disputes between vessel owner and supplier arising out of the contract relating to the settlement of laytime issues shall be arbitrated in New York in accordance with the Int’l Arbitration rules of the American Arbitration Association.

16) Laytime Calculations and Settlement of Demurrage/Despatch at discharge port. Demurrage/despatch rates are determined per the relevant Charter Party. Laytime calculations and settlement of demurrage and despatch will be directly between Receivers and Vessel Owner. Neither Charterer nor USDA will be responsible for settling matters of laytime calculation or settlement of demurrage/despatch. Any disputes in settlement of laytime issues between Receiver 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.

Any demurrage incurred at the discharge port is for the Buyer’s/Receiver’s account at the rate stipulated in the Charter Party. Despatch is payable by vessel Owner to the Buyer/Receiver at one half of the demurrage rate, as per the governing Charter Party.

17) Vessel Type Restrictions: On US Flag, geared or gearless Single Deck Bulk Carriers including ITB/ATB tug/barges, Tween/Multi deckers will be considered. Tow tug/barges and Tankers are prohibited. On non- US Flag, only Single Deck Bulk Carriers will be considered.

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. The Vessel(s) shall be suitable for the transport of the Purchased Commodities and for discharge at Barranquilla, Colombia.

18) Extra Insurance: 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 Charterer/Receiver 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, Vessel Owner to provide, at time of the offer, such information and certifications for verification to negate any extra insurance premiums.

19) Vessel Gear Requirements: Vessel will be capable of self-discharge with vessel’s or owner supplied marine legs or shoreside gear. Cargo discharge by gears will be with grabs. Vacuvators are not acceptable (including for lightening, if applicable). Vessel owners to supply grabs and all necessary discharging gear (cranes and or swinging derricks with minimum 9.8 MT S.W.L. capacity suitable for clamshell discharge and including clamshells) in good working order and in sufficient number to permit Charterers/Receivers to effect discharge of the vessel at the guaranteed rate of discharge. For vessel offering marine legs as discharge equipment owners to provide all necessary fuel, technicians and motive power to operate the marine legs and maintain the discharge rate agreed upon. For all owner provided discharge equipment owners to provide at their expense all necessary motive power/fuel to operate all discharge gear. Time used for assembling or preparing owner-supplied equipment, or any time lost as a result of insufficiencies of gear or breakdown of gear not to count as laytime or time on demurrage. Any shore gear required for discharging or lifting in/out of equipment must be furnished at owner’s risk and expense. Gear provided by vessel must also be capable of lifting equipment necessary for trimming and breaking up any caked soybean meal in/out of the holds.

Discharging equipment must meet all requirements and regulations of the applicable port authorities.

U.S. Flag gearless vessels will be considered provided owner provides appropriate gear to discharge the cargo at the Charter Party agreed discharge rate.

Pneumatic discharge is not permitted.

The said gear provided by owner must meet all requirements of the Receivers and the discharge port authorities.

Any time lost as a result of breakdown of Owner provided gear and or discharge equipment to be excluded from laytime used.

If vessel is not capable of meeting discharge rate as stated above in Clause 9 above, then port authority, at their discretion may require vessel to leave the berth. In such case, any delays, shifting costs or additional expense will be solely for Owner’s account.

20) Shifting: Shifting from customary waiting place at port anchorage to discharge berth to be for vessel’s 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 Buyer’s/Receiver’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 to access cargo will be for vessel owners account and time.

21) Hatches: Opening and closing of hatches at loading ports shall be performed by the vessel's crew at the Owners' expense.

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

Time lost whilst hatches are closed due weather conditions, even if due to the threat of bad weather, said time shall not count as laytime used or time on demurrage.

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

22) Hatch Securing Survey Report: 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 secured to prevent any outside water from entering the cargo spaces. Cost of securing and special survey are for account of Owner and in no way diminishes Owner’s liability and responsibilities toward the cargo. Copy of this NCB Hatch Securing Report will be required for the freight payment.

Said Reports to state the Seal Numbers.

23) Dues and Taxes: At the Load Port -Any dues and/or taxes on cargo and/or freight to be for Charterers' account, and any dues and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

At the discharge port - Any dues and/or taxes on cargo to be for Charterers' account, and any port dues, fees and/or taxes on vessel (including normal port dues and services and facilities charges) to be for Owners' account.

24) Fumigation: Vessel will be fumigated with an Aluminum Phosphide preparation