IFB# 17-021B Ethiopia Tender Amendment No. 1

Agency: USDA Foreign Agricultural Service
State: Federal
Type of Government: State & Local
Posted Date: Dec 3, 2018
Due Date: Dec 10, 2018
Solicitation No: 17-021B
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IFB# 17-021B Ethiopia Tender Amendment No. 1

December 3, 2018

Freight Tender Amendment

Amendment No. 1

Date: December 3, 2018

Program: Food for Progress

Country: Ethiopia

IFB Number: 17-020B

WBSCM Freight Solicitation Number 2000005792

WBSCM Commodity Solicitation Number 2000005791

Muller Shipping Corporation, New York announces the following Amendment to the freight tender issued November 28, 2018 for account of the ACDI/VOCA, for up to approximately 25,000 metric tons Hard Red Winter Wheat (HRW) in bulk, plus empty bags for loading dates January 4-14, 2019 from U.S. ports

The deadline for submission of freight offers is changed to no later than 10:00 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) on December 10, 2018 for validity through close of business U.S. Eastern time December 13, 2018.

There are no other changes to the freight tender as originally issued.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER AMENDMENT

IFB# 17-021B Ethiopia Tender

November 28, 2018

Freight Tender

Program: Food for Progress

Country: Ethiopia

Date: November 28, 2018

IFB Number: 17-021B

WBSCM Freight Solicitation Number 2000005792

WBSCM Commodity Solicitation Number 2000005791

Muller Shipping Corporation, New York announces the following freight tender for account of the 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.

Cargo:

Up to approximately 25,000 metric tons Hard Red Winter Wheat (HRW) in bulk, plus empty bags

WBSCM S.O.: 5000476487

Laycan: January 4-14, 2019

Loading: 1-2SB, 1-2SP, All USA Port Ranges

Discharging: 1SP Djibouti

Load Terms: Scale Gross Load (see below)

Discharge: Full Berth Terms discharge with bagging and stacking onto trucks (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 December 4, 2018. 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

E-mail: WBSCM.ServiceDesk@caci.com

All offers must remain valid through close of business U.S. Eastern time December 7, 2018. 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 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.

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

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.

Terms/Conditions:

1. Vessel Restrictions:

- Geared bulk carriers required for non-U.S. flag vessels and preferred for U.S. flag vessels.

- For U.S. flag vessels: Dry Cargo Ships/Tankers workable. Towed barges are not acceptable. Push-Mode Integrated or Articulated Tug-Barge (ITB/ATB) will be considered if warranted speed and proposed itinerary can provide vessel arrival at Djibouti not later than 35 days after loading is completed.

- Non-U.S. flag vessels must not be older than fifteen (15) 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. Any documentary evidence of overage premium waivers or reductions is to be furnished with offer.

- 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

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: Vessel(s) must be capable of self-discharge with vessel’s gear or Owner-supplied shoreside gear and all necessary motive power/fuel to operate all discharge gear and support equipment. If vacuvators and/or marine legs are used, Owners to include all necessary pipes and supports, as applicable, as well as technicians to oversee their operation.

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

- Offer must include type of hatch operation. 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) Bulk Discharge, c) Bagging and stacking onto trucks, d) Cost of lightening.

5. Empty bags are to be delivered to Owners or their appointed agents Free Along Side (F.A.S.) point of rest (under cover) at Owners' designated load berth. Owners are to nominate load berth(s) for the empty bags within forty-eight (48) hours after receipt of Charterers' nomination of load port(s) for the cargo. Owners' designated load berth must provide a point of rest with under cover protection from the weather for the empty bags. Owners will be responsible for any and all costs associated with placing the empty bags aboard the vessel from their F.A.S. point of rest (under cover). Empty bags will be transported on vessel to destination(s) freight free.

6. Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit 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. Fumigation must be witnessed by FGIS, USDA. 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.

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 owner’s 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.

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. Additionally, ship’s hatches must be inspected and certified as water-tight prior to loading by a Lloyd’s approved surveyor.

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

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 port(s) only. 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.

11. Discharge Terms:

(a) Full Berth (Liner Out) Terms. No Demurrage/Detention/Despatch. Cargo is to be bagged at the discharge port(s) of Djibouti and stacked onto receivers' trucks, all at Owner's time, risk and expense.

(b) Owners to provide all labor, needles, twine, and necessary equipment for required bagging. Owner is to advise Charterer of the method of bagging (hand bagging not permissible), bagging rate and name of bagging contractor prior to fixture. Nominated bagging contractor to be subject to Charterer's approval. If hand bagging is performed in breach of contract, the bagging rate to be reduced to USD 1.00 per Metric Ton. Otherwise subject to USAID bagging provisions dated July 1989, copy available upon request.

(c) Commodities are to be shipped in bulk with quantities based on FGIS Official Weight Certificates issued at loading. Bill of lading quantities and freight charges will be based on these official figures, and claims or demands for payment of amounts that exceed the charges as based on bill of lading weights will not be considered.

12. Multiple bills of lading are required. 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 Prepaid” or “Freight payable as per charter party” as requested by Charterers.

13. Bills of Lading must have issued date and On-Board date not later than January 24, 2019 .

14. Owners to provide four (4) original certificates “confirming that the vessel shall not call on Eritrean ports or enter the territorial waters of the state of Eritrea in route to Djibouti Port and that the vessel is not registered in Eritrea, nor carrying the Eritrea flag nor owned by Eritrean Nationals”. At least one such certificate must also state the classification society under which the vessel is registered and the port and country of registration. All certificates must be signed and stamped by the issued declaring that the information provided is correct and true. Letter of Credit information and/or Importer’s TIN numbers for each receiver, to be provided, will need to be incorporated into each certificate, respectively. These certificates to be provide to Charterer’s agents no later than two business days after loading is completed.

15. 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, 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, departure date (or ETD if vessel has not yet sailed), ETA Djibouti and any ports of call en route, and loaded draft of vessel ETA Djibouti.

16. Transshipment is not permitted.

17. Payment of eighty-five percent (85%) 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. The balance of freight will be withheld pending completion of the post-discharge services (liner out discharge, bagging and stacking onto trucks).

CCC will pay the remaining balance of the freight charges not later than 30 days after receipt of notification from the Cooperating Sponsor that such additional services have been provided; except that CCC will not pay any remaining balance where the GSM determines that the vessel's arrival at first port of discharge was prevented by force majeure.

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.

18. 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.

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

20. 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.

21. 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.

22. 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).

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

24. Owners to appoint and pay agents at loading and discharge port(s).

25. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's Agent / Freight Forwarder, Muller Shipping Corporation.

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 Muller Shipping Corp. 516-256-7700 (New York)

END OF FREIGHT TENDER

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